After a finding of guilty, sentence shall be pronounced, or decision to suspend the imposition of sentence shall be announced, without unreasonable delay. Pending pronouncement, the court may commit the accused to jail or may continue or alter the bail except that in those cases where the accused is convicted of a murder in the first degree, the court shall commit him to jail and he shall not be allowed bail pending the pronouncement of sentence. Before pronouncing the sentence, the court shall inquire of the accused if he desires to make a statement and if he desires to advance any reason why judgment should not be pronounced against him.
Whenever any person willfully and knowingly fails to surrender or submit to the custody of a sheriff as ordered by a court, any law-enforcement officer, with or without a warrant, may arrest such person anywhere in the Commonwealth. If the arrest is made in the county or city in which the person was ordered to surrender, or in an adjoining county or city, the officer may forthwith return the accused before the proper court. If the arrest is made beyond the foregoing limits, the officer shall proceed according to the provisions of § 19.2-76, and if such arrest is made without a warrant, the officer shall procure a warrant from the magistrate serving the county or city wherein the arrest was made, charging the accused with contempt of court.
After the pronouncement of sentence, if the court is aware that the defendant is registered, certified, or licensed by a health regulatory board or holds a multistate licensure privilege, or is licensed by the Department of Behavioral Health and Developmental Services in accordance with § 37.2-404, and the defendant has been convicted of a felony, crime involving moral turpitude, or crime that occurred during the course of practice for which such practitioner or person is licensed, the court shall order the clerk of the court to transmit certified copies of sentencing documents to the Director of the Department of Health Professions or to the Commissioner of Behavioral Health and Developmental Services. Such certified copies of sentencing documents shall be transmitted within 30 days after the sentencing hearing.
1975, c. 495; 1976, c. 285; 2009, c. 192; 2022, c. 339.
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1979–2022 · leading case:
Montgomery v. Commonwealth, 696 S.E.2d 261 (Va. Ct. App. 2010).
Montgomery v. Commonwealth, 696 S.E.2d 261 (Va. Ct. App. 2010).
· cites it 14× “On appeal, he contends the trial court erred in not affording him allocution as required by Code § 19.2-298, thus invalidating the sentences imposed.”
Stamper v. Commonwealth, 257 S.E.2d 808 (Va. 1979).
· cites it 4× “Stamper contends that the trial court violated Code § 19.2-298 5 by failing to inquire whether he had any statement to make prior to his sentencing.”
Bassett v. Commonwealth, 284 S.E.2d 844 (Va. 1981).
· cites it 4× “In capital trials before judges, Code § 19.2-298 permits the defendant to plead for mitigation before the judge determines punishment.”
O'Dell v. Commonwealth, 364 S.E.2d 491 (Va. 1988).
· cites it 2× “Allocution occurs before the court which pronounces the sentence, Code § 19.2-298; the jury does not sentence the defendant, it only “ascertains” the punishment in its verdict, Code § 19.”
Holden v. Commonwealth, 494 S.E.2d 892 (Va. Ct. App. 1998).
· cites it 2× “See Code §§ 19.2-298, 19.2-303. The trial court discharged its duties properly in this case.”
Lamb v. Commonwealth, 577 S.E.2d 530 (Va. Ct. App. 2003).
· cites it 2× “Furthermore, Code § 19.2-298 provides that “sentence shall be pronounced .”
Shelton v. State, 744 A.2d 465 (Del. 2000).
“2 Va.Code § 19.2-298. . See, e.g., Commonwealth v.”
Daher v. State, 572 N.E.2d 1304 (Ind. Ct. App. 1991).
“Va.Code § 19.2-298 provides, in pertinent part: "Before pronouncing the sentence, the court shall inquire of the accused if he desires to make a statement and if he desires to advance any reason *1309 why judgment should not be pronounced against him.”
Joseph Wiley v. Commonwealth of Virginia (Va. Ct. App. 2013).
· cites it 8× “He first contends that both constitutional due process principles and Code § 19.2-298 guarantee him a right to allocution in probation revocation hearings.”
Powell v. Warden (Unpublished Order) (Va. 2005).
· cites it 4× “” In claim VII(B), petitioner alleges that the Commonwealth violated his right to confront and cross-examine witnesses when it introduced certificates of analysis in an attempt to authenticate several letters allegedly written by petitioner.”
Va. Code Ann. § 19.2-298(2): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.