{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/19.2-231.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/19.2-231.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/19.2-231.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/19.2-231.html"}],"law_id":351466,"edition_id":2,"section_id":351466,"structure_id":50264,"section_number":"19.2-231","catch_line":"Amendment of indictment, presentment or information","history":"Code 1950, \u00a7\u00a7 19.1-175 through 19.1-177; 1960, c. 366; 1975, c. 495.","full_text":"If there be any defect in form in any indictment, presentment or information, or if there shall appear to be any variance between the allegations therein and the evidence offered in proof thereof, the court may permit amendment of such indictment, presentment or information, at any time before the jury returns a verdict or the court finds the accused guilty or not guilty, provided the amendment does not change the nature or character of the offense charged. After any such amendment the accused shall be arraigned on the indictment, presentment or information as amended, and shall be allowed to plead anew thereto, if he so desires, and the trial shall proceed as if no amendment had been made; but if the court finds that such amendment operates as a surprise to the accused, he shall be entitled, upon request, to a continuance of the case for a reasonable time.\n\n","order_by":null,"text":{"0":{"id":1308615,"text":"If there be any defect in form in any indictment, presentment or information, or if there shall appear to be any variance between the allegations therein and the evidence offered in proof thereof, the court may permit amendment of such indictment, presentment or information, at any time before the jury returns a verdict or the court finds the accused guilty or not guilty, provided the amendment does not change the nature or character of the offense charged. After any such amendment the accused shall be arraigned on the indictment, presentment or information as amended, and shall be allowed to plead anew thereto, if he so desires, and the trial shall proceed as if no amendment had been made; but if the court finds that such amendment operates as a surprise to the accused, he shall be entitled, upon request, to a continuance of the case for a reasonable time.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":50264,"edition_id":2,"name":"Amendments","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":50261,"metadata":{"child_laws":1,"child_structures":0},"date_created":"2026-08-02 02:25:41","date_modified":"2026-08-02 12:30:43","permalink":{"id":1395941,"object_type":"structure","relational_id":50264,"identifier":"3","token":"19.2\/14\/3","url":"\/19.2\/14\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50261,"edition_id":2,"name":"Presentments, Indictments and Informations","identifier":"14","label":"chapter","depth":2,"order_by":18,"parent_id":50226,"metadata":{"child_laws":26,"child_structures":4},"date_created":"2026-08-02 02:25:36","date_modified":"2026-08-02 12:30:42","permalink":{"id":1395863,"object_type":"structure","relational_id":50261,"identifier":"14","token":"19.2\/14","url":"\/19.2\/14\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50226,"edition_id":2,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":54,"parent_id":null,"metadata":{"child_laws":771,"child_structures":99},"date_created":"2026-08-02 02:25:04","date_modified":"2026-08-02 12:30:30","permalink":{"id":1395171,"object_type":"structure","relational_id":50226,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":351466,"structure_id":50264,"section_number":"19.2-231","catch_line":"Amendment of indictment, presentment or information","url":"\/19.2-231\/","token":"19.2\/14\/3\/19.2-231","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-231\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495.<\/p>","references":false,"refers_to":false,"permalink":{"id":1395943,"object_type":"law","relational_id":351466,"identifier":"19.2-231","token":"19.2\/14\/3\/19.2-231","url":"\/19.2-231\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/19.2-231\/","token":"19.2\/14\/3\/19.2-231","dublin_core":{"Title":"Amendment of indictment, presentment or information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-231","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If there be any defect in form in any indictment<\/span>, presentment<\/span> or information, or if there shall appear to be any variance between the allegations<\/span> therein and the evidence<\/span> offered in proof thereof, the court<\/span> may permit amendment of such indictment<\/span>, presentment<\/span> or information, at any time before the jury<\/span> returns a verdict<\/span> or the court<\/span> finds the accused<\/span> guilty or not guilty, provided the amendment does not change the nature or character of the offense<\/span> charged. After any such amendment the accused<\/span> shall be arraigned on the indictment<\/span>, presentment<\/span> or information as amended, and shall be allowed to plead anew thereto, if he so desires, and the trial<\/span> shall proceed as if no amendment had been made; but if the court<\/span> finds that such amendment operates as a surprise to the accused<\/span>, he shall be entitled, upon request, to a continuance<\/span> of the case for a reasonable time.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMENDMENT OF INDICTMENT, PRESENTMENT OR INFORMATION (\u00a7 19.2-231)\n\nIf there be any defect in form in any indictment, presentment or information, or\nif there shall appear to be any variance between the allegations therein and the\nevidence offered in proof thereof, the court may permit amendment of such\nindictment, presentment or information, at any time before the jury returns a\nverdict or the court finds the accused guilty or not guilty, provided the\namendment does not change the nature or character of the offense charged. After\nany such amendment the accused shall be arraigned on the indictment, presentment\nor information as amended, and shall be allowed to plead anew thereto, if he so\ndesires, and the trial shall proceed as if no amendment had been made; but if\nthe court finds that such amendment operates as a surprise to the accused, he\nshall be entitled, upon request, to a continuance of the case for a reasonable\ntime.\n\nHISTORY: Code 1950, \u00a7\u00a7 19.1-175 through 19.1-177; 1960, c. 366; 1975, c. 495.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}