§ 19.2-124. Appeal from bail, bond, or recognizance order.
A. If a judicial officer denies bail to a person, requires excessive bond, orfixes unreasonable terms of a recognizance under this article, the person mayappeal the decision of the judicial officer.
If the initial bail decision on a charge brought by a warrant or districtcourt capias is made by a magistrate, clerk, or deputy clerk, the personshall first appeal to the district court in which the case is pending.
If the initial bail decision on a charge brought by direct indictment orpresentment or circuit court capias is made by a magistrate, clerk, or deputyclerk, the person shall first appeal to the circuit court in which the caseis pending.
If the appeal of an initial bail decision is taken on any charge originallypending in a district court after that charge has been appealed, certified,or transferred to a circuit court, the person shall first appeal to thecircuit court in which the case is pending.
Any bail decision made by a judge of a court may be appealed successively bythe person to the next higher court, up to and including the Supreme Court ofVirginia, where permitted by law.
B. The attorney for the Commonwealth may appeal a bail, bond or recognizancedecision to the same court to which the accused person is required to appealunder subsection A.
C. No filing or service fees shall be assessed or collected for any appealtaken pursuant to this section.
(Code 1950, §§ 19.1-109.3, 19.1-112; 1960, c. 366; 1973, cc. 130, 485; 1975,c. 495; 1978, c. 755; 1984, c. 703; 1991, c. 581; 1999, cc. 829, 846; 2007,cc. 462, 549; 2010, cc. 404, 592.)
§ 19.2-124. Appeal from bail, bond, or recognizance order.
A. If a judicial officer denies bail to a person, requires excessive bond, orfixes unreasonable terms of a recognizance under this article, the person mayappeal the decision of the judicial officer.
If the initial bail decision on a charge brought by a warrant or districtcourt capias is made by a magistrate, clerk, or deputy clerk, the personshall first appeal to the district court in which the case is pending.
If the initial bail decision on a charge brought by direct indictment orpresentment or circuit court capias is made by a magistrate, clerk, or deputyclerk, the person shall first appeal to the circuit court in which the caseis pending.
If the appeal of an initial bail decision is taken on any charge originallypending in a district court after that charge has been appealed, certified,or transferred to a circuit court, the person shall first appeal to thecircuit court in which the case is pending.
Any bail decision made by a judge of a court may be appealed successively bythe person to the next higher court, up to and including the Supreme Court ofVirginia, where permitted by law.
B. The attorney for the Commonwealth may appeal a bail, bond or recognizancedecision to the same court to which the accused person is required to appealunder subsection A.
C. No filing or service fees shall be assessed or collected for any appealtaken pursuant to this section.
(Code 1950, §§ 19.1-109.3, 19.1-112; 1960, c. 366; 1973, cc. 130, 485; 1975,c. 495; 1978, c. 755; 1984, c. 703; 1991, c. 581; 1999, cc. 829, 846; 2007,cc. 462, 549; 2010, cc. 404, 592.)
§ 19.2-124. Appeal from bail, bond, or recognizance order.
A. If a judicial officer denies bail to a person, requires excessive bond, orfixes unreasonable terms of a recognizance under this article, the person mayappeal the decision of the judicial officer.
If the initial bail decision on a charge brought by a warrant or districtcourt capias is made by a magistrate, clerk, or deputy clerk, the personshall first appeal to the district court in which the case is pending.
If the initial bail decision on a charge brought by direct indictment orpresentment or circuit court capias is made by a magistrate, clerk, or deputyclerk, the person shall first appeal to the circuit court in which the caseis pending.
If the appeal of an initial bail decision is taken on any charge originallypending in a district court after that charge has been appealed, certified,or transferred to a circuit court, the person shall first appeal to thecircuit court in which the case is pending.
Any bail decision made by a judge of a court may be appealed successively bythe person to the next higher court, up to and including the Supreme Court ofVirginia, where permitted by law.
B. The attorney for the Commonwealth may appeal a bail, bond or recognizancedecision to the same court to which the accused person is required to appealunder subsection A.
C. No filing or service fees shall be assessed or collected for any appealtaken pursuant to this section.
(Code 1950, §§ 19.1-109.3, 19.1-112; 1960, c. 366; 1973, cc. 130, 485; 1975,c. 495; 1978, c. 755; 1984, c. 703; 1991, c. 581; 1999, cc. 829, 846; 2007,cc. 462, 549; 2010, cc. 404, 592.)
