Va. Code » Title 19.2. Criminal Procedure » Chapter 18. Sentence; Judgment; Execution of Sentence » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 19.2-296 (2026)

Withdrawal of plea of guilty

✓ current as of May 2026
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A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of a sentence is suspended; but to correct manifest injustice, the court within twenty-one days after entry of a final order may set aside the judgment of conviction and permit the defendant to withdraw his plea.

1975, c. 495.

Notes of Decisions
Cited in 137 cases (37 in the last 5 years), 1991–2026 · leading case: Velazquez v. Commonwealth, 791 S.E.2d 556 (Va. 2016).
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Velazquez v. Commonwealth, 791 S.E.2d 556 (Va. 2016). · cites it 30× “Shortly thereafter, on November 25, 2014, Velazquez' new attorney simultaneously filed a notice of appeal and a Motion to Withdraw Guilty Plea pursuant to Code § 19.2-296. In a December 3, 2014 filing, the Commonwealth opposed the withdrawal motion, arguing that Velazquez made…”
Justus v. Com., 645 S.E.2d 284 (Va. 2007). · cites it 20× “In this appeal, we review a judgment of the Court of Appeals of Virginia upholding the denial by a circuit court of a criminal defendant's motion to withdraw her guilty pleas to various charges filed pursuant to Code § 19.2-296 before sentencing. BACKGROUND On September 12,…”
Bottoms v. Com., 704 S.E.2d 406 (Va. 2011). · cites it 24× “[1] Bottoms contends that the court abused its discretion by applying an incorrect standard to determine whether he should be permitted to withdraw his plea pursuant to Code § 19.2-296. BACKGROUND On May 14, 2007, the Dinwiddie County Grand Jury indicted Bottoms for two counts…”
Franklin Lee Thomason, Jr. v. Commonwealth of Virginia, 815 S.E.2d 816 (Va. Ct. App. 2018). · cites it 8× “The circuit court proceeded with sentencing, imposing forty years’ incarceration, with eighteen suspended for the murder charge, with eight years’ incarceration for the gun charges, totaling thirty years’ incarceration.”
Hubbard v. Commonwealth, 725 S.E.2d 163 (Va. Ct. App. 2012). · cites it 10× “Code § 19.2-296 governs withdrawals of guilty pleas.”
Pritchett v. Commonwealth, 557 S.E.2d 205 (Va. 2002). · cites it 8× “” Williams’ request to withdraw his guilty pleas under Code § 19.2-296 after the final order of conviction had been entered constituted, in part, a request that the circuit court set aside the judgment of conviction.”
Lashon Marcay Pritchett v. Commonwealth of Virginia, 739 S.E.2d 922 (Va. Ct. App. 2013). · cites it 10× “Although the General Assembly has provided the courts with a standard that governs motions to withdraw a guilty plea that are made after sentencing, Code § 19.2-296, 1 it has not done so for motions to withdraw a guilty plea that are made before sentencing.”
Franklin Minor v. Commonwealth of Virginia, 791 S.E.2d 757 (Va. Ct. App. 2016). · cites it 4× “Appellant’s motion to withdraw his guilty pleas was filed pursuant to Code § 19.2-296, which provides that “[a] motion to withdraw a plea of guilty .”
Damien Cameron Spencer v. Commonwealth of Virginia, 806 S.E.2d 410 (Va. Ct. App. 2017). · cites it 6× “Code § 19.2-296 provides: A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of a sentence is -2- suspended; but to correct manifest injustice, the court within twenty-one days after entry of a final order may set…”
Congdon v. Congdon, 578 S.E.2d 833 (Va. Ct. App. 2003). · cites it 2× “Third, the statute limits the fact finder’s discretion to two specific variables: (i) the relative degrees of fault and (ii) the economic disparities between the parties.”
Jerome Alexander Griffin v. Commonwealth of Virginia, 780 S.E.2d 909 (Va. Ct. App. 2016). · cites it 4× “Express Waiver of Right to Withdraw Guilty Plea “Code § 19.2-296 allows a defendant to withdraw a guilty plea before sentence is imposed.”
Zigta v. Commonwealth, 562 S.E.2d 347 (Va. Ct. App. 2002). · cites it 4× “Accordingly, he contends the trial court abused its discretion by refusing to allow him to withdraw his plea.”
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