{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-124.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-124.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-124.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-124.html"}],"law_id":65958,"edition_id":1,"section_id":65958,"structure_id":14929,"section_number":"19.2-124","catch_line":"Appeal from bail, bond, or recognizance order","history":"Code 1950, \u00a7\u00a7 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; 2013, cc. 408, 474; 2016, c. 621; 2019, c. 616; 2021, Sp. Sess. I, c. 337.","full_text":"A\n\nIf a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.\n\t\t\tIf the initial bail decision on a charge brought by a warrant or district court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the district court in which the case is pending.\n\t\t\tIf the initial bail decision on a charge brought by direct indictment or presentment or circuit court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the circuit court in which the case is pending.\n\t\t\tIf the appeal of an initial bail decision is taken on any charge originally pending in a district court after that charge has been appealed, certified, or transferred to a circuit court, the person shall first appeal to the circuit court in which the case is pending.\n\t\t\tAny bail decision made by a judge of a court may be appealed successively by the person to the next higher court, up to and including the Supreme Court of Virginia, where permitted by law.\n\t\t\tThe bail decision of the higher court on such appeal, unless the higher court orders otherwise, shall be remanded to the court in which the case is pending for enforcement and modification. The court in which the case is pending shall not modify the bail decision of the higher court, except upon a change in the circumstances subsequent to the decision of the higher court.B\n\nThe attorney for the Commonwealth may appeal a bail, bond, or recognizance decision to the same court to which the accused person is required to appeal under subsection A.C\n\nThe court granting or denying such bail may, upon appeal thereof, and for good cause shown, stay execution of such order for so long as reasonably practicable for the party to obtain an expedited hearing before the next higher court.\n\t\t\tNo such stay under this subsection may be granted after any person who has been granted bail has been released from custody on such bail.D\n\nNo filing or service fees shall be assessed or collected for any appeal taken pursuant to this section.","order_by":null,"text":{"0":{"id":239665,"text":"If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.\n\t\t\tIf the initial bail decision on a charge brought by a warrant or district court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the district court in which the case is pending.\n\t\t\tIf the initial bail decision on a charge brought by direct indictment or presentment or circuit court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the circuit court in which the case is pending.\n\t\t\tIf the appeal of an initial bail decision is taken on any charge originally pending in a district court after that charge has been appealed, certified, or transferred to a circuit court, the person shall first appeal to the circuit court in which the case is pending.\n\t\t\tAny bail decision made by a judge of a court may be appealed successively by the person to the next higher court, up to and including the Supreme Court of Virginia, where permitted by law.\n\t\t\tThe bail decision of the higher court on such appeal, unless the higher court orders otherwise, shall be remanded to the court in which the case is pending for enforcement and modification. The court in which the case is pending shall not modify the bail decision of the higher court, except upon a change in the circumstances subsequent to the decision of the higher court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239666,"text":"The attorney for the Commonwealth may appeal a bail, bond, or recognizance decision to the same court to which the accused person is required to appeal under subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":239667,"text":"The court granting or denying such bail may, upon appeal thereof, and for good cause shown, stay execution of such order for so long as reasonably practicable for the party to obtain an expedited hearing before the next higher court.\n\t\t\tNo such stay under this subsection may be granted after any person who has been granted bail has been released from custody on such bail.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":239668,"text":"No filing or service fees shall be assessed or collected for any appeal taken pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14929,"edition_id":1,"name":"Bail","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12917,"metadata":{},"date_created":"2026-06-26 03:50:51","date_modified":"2026-06-26 03:50:51","permalink":{"id":171211,"object_type":"structure","relational_id":14929,"identifier":"1","token":"19.2\/9\/1","url":"\/19.2\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12917,"edition_id":1,"name":"Bail and Recognizances","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171209,"object_type":"structure","relational_id":12917,"identifier":"9","token":"19.2\/9","url":"\/19.2\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61367,"structure_id":14929,"section_number":"19.2-119","catch_line":"Definitions","url":"\/19.2-119\/","token":"19.2\/9\/1\/19.2-119","metadata":false},{"id":57923,"structure_id":14929,"section_number":"19.2-120","catch_line":"Admission to bail","url":"\/19.2-120\/","token":"19.2\/9\/1\/19.2-120","metadata":false},{"id":63951,"structure_id":14929,"section_number":"19.2-120.1","catch_line":"Repealed","url":"\/19.2-120.1\/","token":"19.2\/9\/1\/19.2-120.1","metadata":false},{"id":76391,"structure_id":14929,"section_number":"19.2-121","catch_line":"Fixing terms of bail","url":"\/19.2-121\/","token":"19.2\/9\/1\/19.2-121","metadata":false},{"id":85628,"structure_id":14929,"section_number":"19.2-122","catch_line":"Repealed","url":"\/19.2-122\/","token":"19.2\/9\/1\/19.2-122","metadata":false},{"id":58592,"structure_id":14929,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","url":"\/19.2-123\/","token":"19.2\/9\/1\/19.2-123","metadata":false},{"id":65958,"structure_id":14929,"section_number":"19.2-124","catch_line":"Appeal from bail, bond, or recognizance order","url":"\/19.2-124\/","token":"19.2\/9\/1\/19.2-124","metadata":false},{"id":87460,"structure_id":14929,"section_number":"19.2-125","catch_line":"Release pending appeal from conviction in court not of record","url":"\/19.2-125\/","token":"19.2\/9\/1\/19.2-125","metadata":false},{"id":67934,"structure_id":14929,"section_number":"19.2-126","catch_line":"Repealed","url":"\/19.2-126\/","token":"19.2\/9\/1\/19.2-126","metadata":false},{"id":85269,"structure_id":14929,"section_number":"19.2-127","catch_line":"Conditions of release of material witness","url":"\/19.2-127\/","token":"19.2\/9\/1\/19.2-127","metadata":false},{"id":78904,"structure_id":14929,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","url":"\/19.2-128\/","token":"19.2\/9\/1\/19.2-128","metadata":false},{"id":71774,"structure_id":14929,"section_number":"19.2-129","catch_line":"Power of court to punish for contempt","url":"\/19.2-129\/","token":"19.2\/9\/1\/19.2-129","metadata":false},{"id":80938,"structure_id":14929,"section_number":"19.2-130","catch_line":"Bail in subsequent proceeding arising out of initial arrest","url":"\/19.2-130\/","token":"19.2\/9\/1\/19.2-130","metadata":false},{"id":71604,"structure_id":14929,"section_number":"19.2-130.1","catch_line":"Bail terms set by court on a capias to be honored by magistrate","url":"\/19.2-130.1\/","token":"19.2\/9\/1\/19.2-130.1","metadata":false},{"id":56973,"structure_id":14929,"section_number":"19.2-131","catch_line":"Bail for person held in jurisdiction other than that of trial","url":"\/19.2-131\/","token":"19.2\/9\/1\/19.2-131","metadata":false},{"id":57999,"structure_id":14929,"section_number":"19.2-132","catch_line":"Motion to increase amount of bond fixed by judicial officer; when bond may be increased","url":"\/19.2-132\/","token":"19.2\/9\/1\/19.2-132","metadata":false},{"id":84221,"structure_id":14929,"section_number":"19.2-132.1","catch_line":"Repealed","url":"\/19.2-132.1\/","token":"19.2\/9\/1\/19.2-132.1","metadata":false},{"id":87032,"structure_id":14929,"section_number":"19.2-134","catch_line":"When bail piece to be delivered to accused; form of bail piece","url":"\/19.2-134\/","token":"19.2\/9\/1\/19.2-134","metadata":false},{"id":81348,"structure_id":14929,"section_number":"19.2-134.1","catch_line":"Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment","url":"\/19.2-134.1\/","token":"19.2\/9\/1\/19.2-134.1","metadata":false}],"previous_section":{"id":58592,"structure_id":14929,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","url":"\/19.2-123\/","token":"19.2\/9\/1\/19.2-123","metadata":false},"next_section":{"id":87460,"structure_id":14929,"section_number":"19.2-125","catch_line":"Release pending appeal from conviction in court not of record","url":"\/19.2-125\/","token":"19.2\/9\/1\/19.2-125","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-124\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1973, chapters 130 and 485; in 1975, chapter 495; in 1978, chapter 755; in 1984, chapter 703; in 1991, chapter 581; in 1999, chapters 829<\/a> and 846<\/a>; in 2007, chapters 462<\/a> and 549<\/a>; in 2010, chapters 404<\/a> and 592<\/a>; in 2013, chapters 408<\/a> and 474<\/a>; in 2016, chapter 621<\/a>; in 2019, chapter 616<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":171237,"object_type":"law","relational_id":65958,"identifier":"19.2-124","token":"19.2\/9\/1\/19.2-124","url":"\/19.2-124\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-124\/","token":"19.2\/9\/1\/19.2-124","dublin_core":{"Title":"Appeal from bail, bond, or recognizance order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-124","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a judicial officer denies bail<\/span> to a person<\/span>, requires excessive bond<\/span>, or fixes unreasonable terms of a recognizance<\/span> under this article, the person<\/span> may appeal<\/span> the decision of the judicial officer.\n\t\t\tIf the initial bail<\/span> decision on a charge brought by a warrant or district court capias<\/span> is made by a magistrate<\/span>, clerk, or deputy clerk, the person<\/span> shall first appeal<\/span> to the district court in which the case is pending.\n\t\t\tIf the initial bail<\/span> decision on a charge brought by direct indictment<\/span> or presentment<\/span> or circuit<\/span> court capias<\/span> is made by a magistrate<\/span>, clerk, or deputy clerk, the person<\/span> shall first appeal<\/span> to the circuit<\/span> court in which the case is pending.\n\t\t\tIf the appeal<\/span> of an initial bail<\/span> decision is taken on any charge originally pending in a district court after that charge has been appealed, certified, or transferred to a circuit<\/span> court, the person<\/span> shall first appeal<\/span> to the circuit<\/span> court in which the case is pending.\n\t\t\tAny bail<\/span> decision made by a judge<\/span> of a court may be appealed successively by the person<\/span> to the next higher court, up to and including the Supreme Court of Virginia, where permitted by law<\/span>.\n\t\t\tThe bail<\/span> decision of the higher court on such appeal<\/span>, unless the higher court orders<\/span> otherwise, shall be remanded to the court in which the case is pending for enforcement and modification. The court in which the case is pending shall not modify the bail<\/span> decision of the higher court, except upon a change in the circumstances subsequent to the decision of the higher court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The attorney for the Commonwealth may appeal<\/span> a bail<\/span>, bond<\/span>, or recognizance<\/span> decision to the same court to which the accused<\/span> person<\/span> is required to appeal<\/span> under subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court granting or denying such bail<\/span> may, upon appeal<\/span> thereof, and for good cause shown, stay<\/span> execution of such order<\/span> for so long as reasonably practicable for the party<\/span> to obtain an expedited hearing<\/span> before the next higher court.\n\t\t\tNo such stay<\/span> under this subsection may be granted after any person<\/span> who has been granted bail<\/span> has been released from custody<\/span> on such bail<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No filing or service fees shall be assessed or collected for any appeal<\/span> taken pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL FROM BAIL, BOND, OR RECOGNIZANCE ORDER (\u00a7 19.2-124)\n\nA. If a judicial officer denies bail to a person, requires excessive bond, or\nfixes unreasonable terms of a recognizance under this article, the person may\nappeal the decision of the judicial officer.\n\t\t\tIf the initial bail decision on a charge brought by a warrant or district\ncourt capias is made by a magistrate, clerk, or deputy clerk, the person shall\nfirst appeal to the district court in which the case is pending.\n\t\t\tIf the initial bail decision on a charge brought by direct indictment or\npresentment or circuit court capias is made by a magistrate, clerk, or deputy\nclerk, the person shall first appeal to the circuit court in which the case is\npending.\n\t\t\tIf the appeal of an initial bail decision is taken on any charge originally\npending in a district court after that charge has been appealed, certified, or\ntransferred to a circuit court, the person shall first appeal to the circuit\ncourt in which the case is pending.\n\t\t\tAny bail decision made by a judge of a court may be appealed successively by\nthe person to the next higher court, up to and including the Supreme Court of\nVirginia, where permitted by law.\n\t\t\tThe bail decision of the higher court on such appeal, unless the higher court\norders otherwise, shall be remanded to the court in which the case is pending\nfor enforcement and modification. The court in which the case is pending shall\nnot modify the bail decision of the higher court, except upon a change in the\ncircumstances subsequent to the decision of the higher court.\n\nB. The attorney for the Commonwealth may appeal a bail, bond, or recognizance\ndecision to the same court to which the accused person is required to appeal\nunder subsection A.\n\nC. The court granting or denying such bail may, upon appeal thereof, and for\ngood cause shown, stay execution of such order for so long as reasonably\npracticable for the party to obtain an expedited hearing before the next higher\ncourt.\n\t\t\tNo such stay under this subsection may be granted after any person who has\nbeen granted bail has been released from custody on such bail.\n\nD. No filing or service fees shall be assessed or collected for any appeal taken\npursuant to this section.\n\nHISTORY: Code 1950, \u00a7\u00a7 19.1-109.3, 19.1-112; 1960, c. 366; 1973, cc. 130, 485;\n1975, c. 495; 1978, c. 755; 1984, c. 703; 1991, c. 581; 1999, cc. 829, 846;\n2007, cc. 462, 549; 2010, cc. 404, 592; 2013, cc. 408, 474; 2016, c. 621; 2019,\nc. 616; 2021, Sp. Sess. I, c. 337.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}