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Va. Code Ann. § 19.2-216

Definition of indictment, presentment and information

Applied in 2 court decisions — leading case Carchman v. Nash New Jersey Department of Corrections (1985)

Most recently applied in 35 Va. App. 560 - Grier v. Commonwealth (May 2001)

1975, c. 495.

An indictment is a written accusation of crime, prepared by the attorney for the Commonwealth and returned "a true bill" upon the oath or affirmation of a legally impanelled grand jury.

A presentment is a written accusation of crime prepared and returned by a grand jury from their own knowledge or observation, without any bill of indictment laid before them.

An information is a written accusation of crime or a complaint for forfeiture of property or money or for imposition of a penalty, prepared and presented by a competent public official upon his oath of office.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.