Va. Code » Title 19.2. Criminal Procedure » Chapter 15. Trial and Its Incidents » Article 4. Trial by Jury
Virginia Code

Va. Code Ann. § 19.2-262.1 (2026)

Joinder of defendants

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On motion of the Commonwealth, for good cause shown, the court shall order persons charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences constituting an offense or offenses, to be tried jointly unless such joint trial would constitute prejudice to a defendant. If the court finds that a joint trial would constitute prejudice to a defendant, the court shall order severance as to that defendant or provide such other relief justice requires.

1993, cc. 462, 489; 1997, c. 518.

Notes of Decisions
Cited in 41 cases (10 in the last 5 years), 1994–2026 · leading case: Pitt v. Commonwealth, 508 S.E.2d 891 (Va. Ct. App. 1999).
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Pitt v. Commonwealth, 508 S.E.2d 891 (Va. Ct. App. 1999). · cites it 38× “He contends the trial court abused its discretion when it granted the Commonwealth's pretrial motion made pursuant to Code § 19.2-262.1 to try him jointly with Lambert Lee Bonds.”
Allen v. Commonwealth, 712 S.E.2d 748 (Va. Ct. App. 2011). · cites it 12× “JOINDER AND SEVERANCE STANDARDS Code § 19.2-262.1 governs joint trials of codefendants in criminal cases.”
Goodson v. Commonwealth, 467 S.E.2d 848 (Va. Ct. App. 1996). · cites it 8× “Code § 19.2-262.1 provides as follows: On motion of the Commonwealth, for good cause shown, the court, in its discretion, may order persons charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences constituting an offense…”
Thomas Gerald Adkins, Sr. v. Commonwealth, 480 S.E.2d 777 (Va. Ct. App. 1997). · cites it 10× “On appeal, defendant contends that the trial court erroneously granted the Commonwealth’s motion for joint trial, pursuant to Code § 19.2-262.1, and did not permit both defendant and Herron four peremptory strikes during jury selection.”
Barnes v. Commonwealth, 470 S.E.2d 579 (Va. Ct. App. 1996). · cites it 8× “1, which provides: *411 On motion of the Commonwealth, for good cause shown, the court, in its discretion, may order persons charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences constituting an offense or offenses to…”
Dearing v. Commonwealth, 524 S.E.2d 121 (Va. 2000). · cites it 6× “Code § 19.2-262.1 states: “On motion of the Commonwealth, for good cause shown, the court shall order persons charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences constituting an offense or offenses, to be tried…”
Bennefield v. Commonwealth, 467 S.E.2d 306 (Va. Ct. App. 1996). · cites it 4× “On February 28, 1994, Bennefield, Kelly and Herring were jointly tried pursuant to Code § 19.2-262.1. On March 2, 1994, during the prosecution’s direct examination of Quinn, Bennefield and Kelly (appellants) learned for the first time that Quinn had received psychological…”
Randolph v. Commonwealth, 482 S.E.2d 101 (Va. Ct. App. 1997). · cites it 4× “Joint Trial Appellant argues that, in the context of a joint trial under Code § 19.2-262.1, the admission of Chambers’ statement effectively denied his Sixth Amendment right to confront Chambers, and the trial court should have excluded her confession.”
Kevin Lamont Dickerson v. Commonwealth of Virginia, 511 S.E.2d 434 (Va. Ct. App. 1999). · cites it 6× “Code § 19.2-262.1 provides: On motion of the Commonwealth, for good cause shown, the court shall order persons charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences constituting an offense or offenses, to be tried…”
Robert Sylvester Davis, Jr. v. Commonwealth of VA, 549 S.E.2d 631 (Va. Ct. App. 2001). · cites it 2× “Code § 19.2-262.1 provides, “[o]n motion of the Commonwealth, for good cause shown, the court shall order persons *295 charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences constituting an offense or offenses, to be…”
Cauthorne v. First Nat'l Bank of Maryland, 40 Va. Cir. 19 (Newport News Cir. Ct. 1995). · cites it 2× “…issues, there are several findings that a trial judge must make in order to sustain a joint trial. See, Virginia Code § 19.2-262.1.”
Commonwealth v. Moeller, 72 Va. Cir. 402 (Fairfax Cir. Ct. 2007). · cites it 3× “Legal Discussion Va. Code Ann. § 19.2-262.1 (2006) (“§ 19.”
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