Virginia law defines three types of formal accusations: indictment, presentment, and information, outlining who prepares each and their legal requirements. It specifies when and how an information can be filed and the procedures for prosecuting felonies, including the necessity of grand jury involvement or waivers. The law also details processes to compel the accused's appearance in court.
An indictment is a written accusation of a crime prepared by the Commonwealth's attorney and returned by a grand jury after sworn oath or affirmation.
No, a person cannot be tried for a felony unless there is an indictment or presentment by a grand jury, or if they waive such requirement in writing.
A presentment is a written accusation of a crime made by a grand jury based on their own knowledge or observation, without an indictment.
If the accused is in custody or has been recognized or summoned, no additional process is needed; otherwise, the court may issue process to ensure their appearance.