                                 CODE OF VIRGINIA

ARRAIGNMENT; PLEAS; WHEN COURT MAY REFUSE TO ACCEPT PLEA; REJECTION OF PLEA
AGREEMENT; RECUSAL (§ 19.2-254)

Arraignment shall be conducted in open court. It shall consist of reading to the
accused the charge on which he will be tried and calling on him to plead
thereto. In a felony case, arraignment is not necessary when waived by the
accused. In a misdemeanor case, arraignment is not necessary when waived by the
accused or his counsel, or when the accused fails to appear.

An accused may plead not guilty, guilty or nolo contendere. The court may refuse
to accept a plea of guilty to any lesser offense included in the charge upon
which the accused is arraigned; but, in misdemeanor and felony cases the court
shall not refuse to accept a plea of nolo contendere.

With the approval of the court and the consent of the Commonwealth, a defendant
may enter a conditional plea of guilty in a misdemeanor or felony case in
circuit court, reserving the right, on appeal from the judgment, to a review of
the adverse determination of any specified pretrial motion. If the defendant
prevails on appeal, he shall be allowed to withdraw his plea.

Upon rejecting a plea agreement in any criminal matter, a judge shall
immediately recuse himself from any further proceedings on the same matter
unless the parties agree otherwise.

HISTORY: 1975, c. 495; 1987, c. 357; 2014, cc. 52, 165.