{"law_id":"781918","edition_id":"11","section_id":"781918","structure_id":"1914","section_number":"19.2-216","catch_line":"Definition of indictment, presentment and information","history":"1975, c. 495.","full_text":"An indictment is a written accusation of crime, prepared by the attorney for the Commonwealth and returned “a true bill” upon the oath or affirmation of a legally impanelled grand jury.A presentment is a written accusation of crime prepared and returned by a grand jury from their own knowledge or observation, without any bill of indictment laid before them.An information is a written accusation of crime or a complaint for forfeiture of property or money or for imposition of a penalty, prepared and presented by a competent public official upon his oath of office.","order_by":null,"text":{"0":{"id":"2521873","text":"An indictment is a written accusation of crime, prepared by the attorney for the Commonwealth and returned “a true bill” upon the oath or affirmation of a legally impanelled grand jury.A presentment is a written accusation of crime prepared and returned by a grand jury from their own knowledge or observation, without any bill of indictment laid before them.An information is a written accusation of crime or a complaint for forfeiture of property or money or for imposition of a penalty, prepared and presented by a competent public official upon his oath of office.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"1914","name":"Necessity For Indictment, Etc","identifier":"1","label":"article","url":"\/19.2\/14\/1\/"},"2":{"id":"1907","name":"Presentments, Indictments And Informations","identifier":"14","label":"chapter","url":"\/19.2\/14\/"},"3":{"id":"37","name":"Criminal Procedure","identifier":"19.2","label":"title","url":"\/19.2\/"}},"structure_contents":{"0":{"id":"781918","structure_id":"1914","section_number":"19.2-216","catch_line":"Definition of indictment, presentment and information","url":"\/19.2-216\/","token":"19.2\/14\/1\/19.2-216"},"1":{"id":"768027","structure_id":"1914","section_number":"19.2-217","catch_line":"When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused","url":"\/19.2-217\/","token":"19.2\/14\/1\/19.2-217"},"2":{"id":"787898","structure_id":"1914","section_number":"19.2-217.1","catch_line":"Central file of capital murder indictments","url":"\/19.2-217.1\/","token":"19.2\/14\/1\/19.2-217.1"},"3":{"id":"772717","structure_id":"1914","section_number":"19.2-218","catch_line":"Preliminary hearing required for person arrested on charge of felony; waiver","url":"\/19.2-218\/","token":"19.2\/14\/1\/19.2-218"},"4":{"id":"768726","structure_id":"1914","section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","url":"\/19.2-218.1\/","token":"19.2\/14\/1\/19.2-218.1"},"5":{"id":"767364","structure_id":"1914","section_number":"19.2-218.2","catch_line":"Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses","url":"\/19.2-218.2\/","token":"19.2\/14\/1\/19.2-218.2"},"6":{"id":"781764","structure_id":"1914","section_number":"19.2-219","catch_line":"When capias need not be issued; summons; judgment","url":"\/19.2-219\/","token":"19.2\/14\/1\/19.2-219"}},"next_section":{"id":"768027","structure_id":"1914","section_number":"19.2-217","catch_line":"When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused","url":"\/19.2-217\/","token":"19.2\/14\/1\/19.2-217"},"metadata":false,"court_decisions":{"0":{"name":"Brooks v. Com.","case_number":"Record No. 1149-93-2","citation":"454 S.E.2d 3","date":"1995-02-07","url":"https:\/\/www.courtlistener.com\/opinion\/1350458\/brooks-v-com\/","abstract":" .\u202f.\u202f. and possession of cocaine. See generally Code \u00a7 19.2-216. .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Grier v. Com.","case_number":"0421001","citation":"546 S.E.2d 743","date":"2001-05-29","url":"https:\/\/www.courtlistener.com\/opinion\/1065078\/grier-v-com\/","abstract":" .\u202f.\u202f. found or made by a grand jury....\" See Code \u00a7 19.2-216 (defining \"indictment\" \"presentment .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"2":{"name":"Rowe v. Com.","case_number":"081173","citation":"675 S.E.2d 161","date":"2009-04-17","url":"https:\/\/www.courtlistener.com\/opinion\/1058350\/rowe-v-com\/","abstract":" .\u202f.\u202f. issued by a legally impaneled grand jury. Code \u00a7 19.2-216. And \"no person shall be put upon trial .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":"James C. Howard, Jr. v. Commonwealth of Virginia","case_number":"0820131","citation":null,"date":"2014-08-05","url":"https:\/\/www.courtlistener.com\/opinion\/2708335\/james-c-howard-jr-v-commonwealth-of-virginia\/","abstract":" .\u202f.\u202f. returned by the grand jury in open court.\u201d Code .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"4":{"name":"Dalton v. Com.","case_number":"Record No. 3134-96-3","citation":"499 S.E.2d 22","date":"1998-05-19","url":"https:\/\/www.courtlistener.com\/opinion\/1312435\/dalton-v-com\/","abstract":" .\u202f.\u202f. indictments, presentments, and informations, see Code \u00a7 19.2-216; and it has made provision for .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"5":{"name":"Herrington v. Commonwealth","case_number":"150085","citation":null,"date":"2016-02-12","url":"https:\/\/www.courtlistener.com\/opinion\/3177029\/herrington-v-commonwealth\/","abstract":" .\u202f.\u202f. oath or affirmation\u201d of the grand jury. Code \u00a7 .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"6":{"name":"Herrington v. Commonwealth","case_number":"150085","citation":null,"date":"2016-02-12","url":"https:\/\/www.courtlistener.com\/opinion\/3186365\/herrington-v-commonwealth\/","abstract":" .\u202f.\u202f. oath or affirmation\u201d of the grand jury. Code \u00a7 .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"7":{"name":"Livingston v. Virginia State Bar","case_number":"122144","citation":null,"date":"2013-06-06","url":"https:\/\/www.courtlistener.com\/opinion\/1057738\/livingston-v-virginia-state-bar\/","abstract":" .\u202f.\u202f. attorney for the .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/19.2-216\/","references":[{"id":"771880","section_number":"38.2-4614","catch_line":"Prohibition against payment or receipt of title insurance kickbacks, rebates, commissions and other payments; penalty","url":"\/38.2-4614\/"},{"id":"792350","section_number":"55-525.12","catch_line":"Prohibition against payment or receipt of settlement services kickbacks, rebates, commissions, and other payments; penalty","url":"\/55-525.12\/"}],"refers_to":false,"url":"\/19.2-216\/","token":"19.2\/14\/1\/19.2-216","formats":{"txt":"\/19.2-216.txt","json":"\/19.2-216.json","xml":"\/19.2-216.xml"},"dublin_core":{"Title":"Definition of indictment, presentment and information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-216","Relation":"Code of Virginia"},"plain_text":" CODE OF VIRGINIA\n\nDEFINITION OF INDICTMENT, PRESENTMENT AND INFORMATION (\u00a7 19.2-216)\n\nAn indictment is a written accusation of crime, prepared by the attorney for the\nCommonwealth and returned “a true bill” upon the oath or affirmation\nof a legally impanelled grand jury.A presentment is a written accusation of\ncrime prepared and returned by a grand jury from their own knowledge or\nobservation, without any bill of indictment laid before them.An information is a\nwritten accusation of crime or a complaint for forfeiture of property or money\nor for imposition of a penalty, prepared and presented by a competent public\nofficial upon his oath of office.\n\nHISTORY: 1975, c. 495."}