19.2-183 - Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case. - Virginia Statutes

§ 19.2-183. Examination of witnesses; assistance of counsel; evidentiarymatters and remedies; power to adjourn case.

A. The judge before whom any person is brought for an offense shall, as soonas may be practical, in the presence of such person, examine on oath thewitnesses for and against him. Before conducting the hearing or accepting awaiver of the hearing, the judge shall advise the accused of his right tocounsel and, if the accused is indigent and the offense charged be punishableby confinement in jail or the state correctional facility, the judge shallappoint counsel as provided by law.

B. At the hearing the judge shall, in the presence of the accused, heartestimony presented for and against the accused in accordance with the rulesof evidence applicable to criminal trials in this Commonwealth. In felonycases, the accused shall not be called upon to plead, but he maycross-examine any witness who testifies on behalf of the Commonwealth or onbehalf of any other defendant, introduce witnesses in his own behalf, andtestify in his own behalf.

C. A judge may adjourn a trial, pending before him, not exceeding 10 days atone time, without the consent of the accused.

D. At any preliminary hearing under this section, certificates of analysisand reports prepared pursuant to §§ 19.2-187 and 19.2-188 shall be admissiblewithout the testimony of the person preparing such certificate or report.

(Code 1950, §§ 19.1-101, 19.1-102; 1960, c. 366; 1968, c. 639; 1973, c. 485;1975, c. 495; 1982, c. 513; 2010, c. 555.)