The Clock On Your Case
Va. Code 19.2-243 — five months held, nine months free, or forever discharged
Forever discharged. Once a district court finds probable cause on a felony, an accused held continuously in custody afterward is forever discharged from prosecution for the offense if trial in the circuit court does not begin within five months. An accused who is out and recognized to appear has nine months.
When the clock starts otherwise. If there was no preliminary hearing, or it was waived, the periods run from the indictment or presentment; if the accused was indicted but not yet arrested, from the arrest. On a misdemeanor appeal to the circuit court, the same periods, five months in custody or nine months out, run from the conviction.
- Competency or insanity evaluations or restoration, or hospital confinement for observation.
- The Commonwealth's witnesses being enticed or kept away, or prevented from attending by sickness or accident.
- A separate trial granted at the request of a codefendant.
- Continuances, on the terms the section sets out.
Those are among the periods that do not count against the Commonwealth.
The constitutional right to a speedy trial runs alongside the statute and is decided on different terms; court rules, and the interstate agreement on detainers for charges in another state, are not on this page. Counting the days in a particular case, and what tolls them, is a question for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 19.2-243 — Limitation on prosecution of felony due to lapse of time after finding of probable cause
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.