Rule 8:18.Pleas.

Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 8:18 sets the pleas a child may enter in a delinquency case, what the court must determine before accepting a guilty or nolo contendere plea, and requires a judge who rejects a plea agreement to recuse.

Full Text of Rule 8:18

Text sizeJump to: (a) (b) (c) (d)

(a) Permissible Pleas by Child. A child may admit the allegations of the petition or summons by pleading guilty, or the child may plead not guilty, nolo contendere, or enter no plea. If the child enters no plea, the court will proceed as if a denial were entered to the allegations of the petition or summons.

(b) Determining Voluntariness, Understanding, and Intelligence of a Plea of Guilty by a Juvenile. The court must not accept a plea of guilty or nolo contendere to a charge of delinquency by a child without first determining that the plea is made voluntarily with an understanding of the nature of the allegations in the petition or summons and the consequences of the plea, including that such a plea constitutes a waiver of the right to confront one's accusers and the right against compulsory self-incrimination.

(c) Determining Voluntariness, Understanding, and Intelligence of a Plea of Guilty by an Adult. In any case involving an adult charged with a crime, the court must not accept a plea of guilty or nolo contendere to a misdemeanor charge except in compliance with Rule 7C:6.

(d) Upon rejecting a plea agreement in any criminal or delinquency matter, a judge must immediately recuse himself from any further proceedings on the same matter unless the parties agree otherwise.

End

Plain-English Summary

A child may admit the allegations by pleading guilty, or may plead not guilty, nolo contendere, or enter no plea at all. Entering no plea is not a trap: the court proceeds as if a denial had been entered.

Before accepting a plea of guilty or nolo contendere to a delinquency charge, the court must determine that the plea is made voluntarily, with an understanding of the nature of the allegations and of the consequences — including that the plea waives the right to confront one’s accusers and the right against compulsory self-incrimination. For an adult charged with a crime, a plea of guilty or nolo contendere to a misdemeanor may be accepted only in compliance with Rule 7C:6.

The last provision is structural rather than procedural. A judge who rejects a plea agreement in any criminal or delinquency matter must immediately recuse from any further proceedings on the same matter, unless the parties agree otherwise. A judge who has seen and refused a bargain does not go on to try the case.

Frequently Asked Questions

What pleas may a child enter?

A child may admit the allegations by pleading guilty, or may plead not guilty, nolo contendere, or enter no plea.

What happens if the child enters no plea?

The court proceeds as if a denial were entered to the allegations of the petition or summons.

What must the court determine before accepting a guilty plea from a child?

That the plea is made voluntarily with an understanding of the nature of the allegations and the consequences, including that the plea waives the right to confront one’s accusers and the right against compulsory self-incrimination.

What applies to an adult charged with a misdemeanor?

The court must not accept a plea of guilty or nolo contendere to a misdemeanor charge except in compliance with Rule 7C:6.

What happens if the judge rejects a plea agreement?

The judge must immediately recuse from any further proceedings on the same matter, unless the parties agree otherwise.

Amendment History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source

Also known as: virginia rule 8:18 pleas juvenile delinquencyjudge recusal after rejecting plea agreement virginianolo contendere juvenile court virginiavoluntary understanding plea juvenile virginia