§ 19.2-319. When execution of sentence to be suspended; bail; appeal fromdenial.
If a person sentenced by a circuit court to death or confinement in the statecorrectional facility indicates an intention to apply for a writ of error,the circuit court shall postpone the execution of such sentence for such timeas it may deem proper.
In any other criminal case wherein judgment is given by any court to which awrit of error lies, and in any case of judgment for any civil or criminalcontempt, from which an appeal may be taken or to which a writ of error lies,the court giving such judgment may postpone the execution thereof for suchtime and on such terms as it deems proper.
In any case after conviction if the sentence, or the execution thereof, issuspended in accordance with this section, or for any other cause, the court,or the judge thereof, may, and in any case of a misdemeanor shall, set bailin such penalty and for appearance at such time as the nature of the case mayrequire; provided that, if the conviction was for a violent felony as definedin § 19.2-297.1 and the defendant was sentenced to serve a period ofincarceration not subject to suspension, then the court shall presume,subject to rebuttal, that no condition or combination of conditions of bailwill reasonably assure the appearance of the convicted person or the safetyof the public.
In any case in which the court denies bail, the reason for such denial shallbe stated on the record of the case. A writ of error from the Court ofAppeals shall lie to any such judgment refusing bail or requiring excessivebail, except that in any case where a person has been sentenced to death, awrit of error shall lie from the Supreme Court. Upon review by the Court ofAppeals or the Supreme Court, if the decision by the trial court to deny bailis overruled, the appellate court shall either set bail or remand the matterto circuit court for such further action regarding bail as the appellatecourt directs.
(Code 1950, § 19.1-281; 1960, c. 366; 1975, c. 495; 1979, c. 649; 1984, c.703; 1987, c. 175; 1988, c. 524; 1999, c. 821; 2008, cc. 126, 146.)
§ 19.2-319. When execution of sentence to be suspended; bail; appeal fromdenial.
If a person sentenced by a circuit court to death or confinement in the statecorrectional facility indicates an intention to apply for a writ of error,the circuit court shall postpone the execution of such sentence for such timeas it may deem proper.
In any other criminal case wherein judgment is given by any court to which awrit of error lies, and in any case of judgment for any civil or criminalcontempt, from which an appeal may be taken or to which a writ of error lies,the court giving such judgment may postpone the execution thereof for suchtime and on such terms as it deems proper.
In any case after conviction if the sentence, or the execution thereof, issuspended in accordance with this section, or for any other cause, the court,or the judge thereof, may, and in any case of a misdemeanor shall, set bailin such penalty and for appearance at such time as the nature of the case mayrequire; provided that, if the conviction was for a violent felony as definedin § 19.2-297.1 and the defendant was sentenced to serve a period ofincarceration not subject to suspension, then the court shall presume,subject to rebuttal, that no condition or combination of conditions of bailwill reasonably assure the appearance of the convicted person or the safetyof the public.
In any case in which the court denies bail, the reason for such denial shallbe stated on the record of the case. A writ of error from the Court ofAppeals shall lie to any such judgment refusing bail or requiring excessivebail, except that in any case where a person has been sentenced to death, awrit of error shall lie from the Supreme Court. Upon review by the Court ofAppeals or the Supreme Court, if the decision by the trial court to deny bailis overruled, the appellate court shall either set bail or remand the matterto circuit court for such further action regarding bail as the appellatecourt directs.
(Code 1950, § 19.1-281; 1960, c. 366; 1975, c. 495; 1979, c. 649; 1984, c.703; 1987, c. 175; 1988, c. 524; 1999, c. 821; 2008, cc. 126, 146.)
§ 19.2-319. When execution of sentence to be suspended; bail; appeal fromdenial.
If a person sentenced by a circuit court to death or confinement in the statecorrectional facility indicates an intention to apply for a writ of error,the circuit court shall postpone the execution of such sentence for such timeas it may deem proper.
In any other criminal case wherein judgment is given by any court to which awrit of error lies, and in any case of judgment for any civil or criminalcontempt, from which an appeal may be taken or to which a writ of error lies,the court giving such judgment may postpone the execution thereof for suchtime and on such terms as it deems proper.
In any case after conviction if the sentence, or the execution thereof, issuspended in accordance with this section, or for any other cause, the court,or the judge thereof, may, and in any case of a misdemeanor shall, set bailin such penalty and for appearance at such time as the nature of the case mayrequire; provided that, if the conviction was for a violent felony as definedin § 19.2-297.1 and the defendant was sentenced to serve a period ofincarceration not subject to suspension, then the court shall presume,subject to rebuttal, that no condition or combination of conditions of bailwill reasonably assure the appearance of the convicted person or the safetyof the public.
In any case in which the court denies bail, the reason for such denial shallbe stated on the record of the case. A writ of error from the Court ofAppeals shall lie to any such judgment refusing bail or requiring excessivebail, except that in any case where a person has been sentenced to death, awrit of error shall lie from the Supreme Court. Upon review by the Court ofAppeals or the Supreme Court, if the decision by the trial court to deny bailis overruled, the appellate court shall either set bail or remand the matterto circuit court for such further action regarding bail as the appellatecourt directs.
(Code 1950, § 19.1-281; 1960, c. 366; 1975, c. 495; 1979, c. 649; 1984, c.703; 1987, c. 175; 1988, c. 524; 1999, c. 821; 2008, cc. 126, 146.)
