If requested by the judge trying the case, attorneys for the Commonwealth and all city and town attorneys whose general duties include the prosecution of offenses which are reportable by the courts to the Department under § 46.2-383, shall appear on behalf of the Commonwealth or the locality in any contested criminal case wherein a resulting conviction is required to be reported to the Department under § 46.2-383.

Terms Used In Virginia Code 46.2-385

  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Conviction: A judgement of guilt against a criminal defendant.
  • Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254

The failure of the attorney to appear shall, in no case, affect the validity of any conviction.

1968, c. 640, § 46.1-413.2; 1989, c. 727.