§ 19.2-398. When appeal by the Commonwealth allowed.
A. In a felony case a pretrial appeal from a circuit court may be taken bythe Commonwealth from:
1. An order of a circuit court dismissing a warrant, information orindictment, or any count or charge thereof on the ground that (i) thedefendant was deprived of a speedy trial in violation of the provisions ofthe Sixth Amendment to the Constitution of the United States, Article I,Section 8 of the Constitution of Virginia, or § 19.2-243; or (ii) thedefendant would be twice placed in jeopardy in violation of the provisions ofthe Fifth Amendment to the Constitution of the United States or Article I,Section 8 of the Constitution of Virginia; or
2. An order of a circuit court prohibiting the use of certain evidence attrial on the grounds such evidence was obtained in violation of theprovisions of the Fourth, Fifth or Sixth Amendments to the Constitution ofthe United States or Article I, Section 8, 10 or 11 of the Constitution ofVirginia prohibiting illegal searches and seizures and protecting rightsagainst self-incrimination, provided the Commonwealth certifies that theappeal is not taken for purpose of delay and that the evidence is substantialproof of a fact material in the proceeding.
B. A petition for appeal may be taken by the Commonwealth in a felony casefrom any order of release on conditions pursuant to Article 1 (§ 19.2-119 etseq.) of Chapter 9 of this title.
C. A petition for appeal may be taken by the Commonwealth in a felony caseafter conviction where the sentence imposed by the circuit court is contraryto mandatory sentencing or restitution terms required by statute.
D. Nothing in this chapter shall affect the Commonwealth's right to appeal incivil matters or cases involving a violation of law relating to the staterevenue or appeals pursuant to § 17.1-411 or subsection C of § 19.2-317.
E. A pretrial appeal may be taken in any criminal case from an order of acircuit court dismissing a warrant, information, summons, delinquencypetition, or indictment, or any count or charge thereof, on the ground that astatute or local ordinance on which the order is based is unconstitutional.
(1985, c. 510; 1987, c. 710; 1998, c. 251; 1999, cc. 829, 846; 2002, cc. 611,692; 2003, c. 109; 2005, cc. 622, 694; 2006, cc. 571, 876.)
§ 19.2-398. When appeal by the Commonwealth allowed.
A. In a felony case a pretrial appeal from a circuit court may be taken bythe Commonwealth from:
1. An order of a circuit court dismissing a warrant, information orindictment, or any count or charge thereof on the ground that (i) thedefendant was deprived of a speedy trial in violation of the provisions ofthe Sixth Amendment to the Constitution of the United States, Article I,Section 8 of the Constitution of Virginia, or § 19.2-243; or (ii) thedefendant would be twice placed in jeopardy in violation of the provisions ofthe Fifth Amendment to the Constitution of the United States or Article I,Section 8 of the Constitution of Virginia; or
2. An order of a circuit court prohibiting the use of certain evidence attrial on the grounds such evidence was obtained in violation of theprovisions of the Fourth, Fifth or Sixth Amendments to the Constitution ofthe United States or Article I, Section 8, 10 or 11 of the Constitution ofVirginia prohibiting illegal searches and seizures and protecting rightsagainst self-incrimination, provided the Commonwealth certifies that theappeal is not taken for purpose of delay and that the evidence is substantialproof of a fact material in the proceeding.
B. A petition for appeal may be taken by the Commonwealth in a felony casefrom any order of release on conditions pursuant to Article 1 (§ 19.2-119 etseq.) of Chapter 9 of this title.
C. A petition for appeal may be taken by the Commonwealth in a felony caseafter conviction where the sentence imposed by the circuit court is contraryto mandatory sentencing or restitution terms required by statute.
D. Nothing in this chapter shall affect the Commonwealth's right to appeal incivil matters or cases involving a violation of law relating to the staterevenue or appeals pursuant to § 17.1-411 or subsection C of § 19.2-317.
E. A pretrial appeal may be taken in any criminal case from an order of acircuit court dismissing a warrant, information, summons, delinquencypetition, or indictment, or any count or charge thereof, on the ground that astatute or local ordinance on which the order is based is unconstitutional.
(1985, c. 510; 1987, c. 710; 1998, c. 251; 1999, cc. 829, 846; 2002, cc. 611,692; 2003, c. 109; 2005, cc. 622, 694; 2006, cc. 571, 876.)
§ 19.2-398. When appeal by the Commonwealth allowed.
A. In a felony case a pretrial appeal from a circuit court may be taken bythe Commonwealth from:
1. An order of a circuit court dismissing a warrant, information orindictment, or any count or charge thereof on the ground that (i) thedefendant was deprived of a speedy trial in violation of the provisions ofthe Sixth Amendment to the Constitution of the United States, Article I,Section 8 of the Constitution of Virginia, or § 19.2-243; or (ii) thedefendant would be twice placed in jeopardy in violation of the provisions ofthe Fifth Amendment to the Constitution of the United States or Article I,Section 8 of the Constitution of Virginia; or
2. An order of a circuit court prohibiting the use of certain evidence attrial on the grounds such evidence was obtained in violation of theprovisions of the Fourth, Fifth or Sixth Amendments to the Constitution ofthe United States or Article I, Section 8, 10 or 11 of the Constitution ofVirginia prohibiting illegal searches and seizures and protecting rightsagainst self-incrimination, provided the Commonwealth certifies that theappeal is not taken for purpose of delay and that the evidence is substantialproof of a fact material in the proceeding.
B. A petition for appeal may be taken by the Commonwealth in a felony casefrom any order of release on conditions pursuant to Article 1 (§ 19.2-119 etseq.) of Chapter 9 of this title.
C. A petition for appeal may be taken by the Commonwealth in a felony caseafter conviction where the sentence imposed by the circuit court is contraryto mandatory sentencing or restitution terms required by statute.
D. Nothing in this chapter shall affect the Commonwealth's right to appeal incivil matters or cases involving a violation of law relating to the staterevenue or appeals pursuant to § 17.1-411 or subsection C of § 19.2-317.
E. A pretrial appeal may be taken in any criminal case from an order of acircuit court dismissing a warrant, information, summons, delinquencypetition, or indictment, or any count or charge thereof, on the ground that astatute or local ordinance on which the order is based is unconstitutional.
(1985, c. 510; 1987, c. 710; 1998, c. 251; 1999, cc. 829, 846; 2002, cc. 611,692; 2003, c. 109; 2005, cc. 622, 694; 2006, cc. 571, 876.)
