{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-319.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-319.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-319.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-319.html"}],"law_id":79572,"edition_id":1,"section_id":79572,"structure_id":15181,"section_number":"19.2-319","catch_line":"When execution of sentence to be suspended; bail; appeal from denial","history":"Code 1950, \u00a7 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; 2021, Sp. Sess. I, cc. 344, 345; 2025, c. 305.","full_text":"If a person sentenced by a circuit court to confinement in the state correctional facility indicates an intention to apply for a writ of error, the circuit court shall postpone the execution of such sentence for such time as it may deem proper.\n\t\tIn any other criminal case wherein judgment is given by any circuit court to which a writ of error lies, and in any case of judgment for any civil or criminal contempt, from which an appeal may be taken or to which a writ of error lies, the circuit court giving such judgment may postpone the execution thereof for such time and on such terms as it deems proper.\n\t\tIn any case after conviction if the sentence, or the execution thereof, is suspended in accordance with this section, or for any other cause, the circuit court, or the judge thereof, may, and in any case of a misdemeanor shall, set bail in such penalty and for appearance at such time as the nature of the case may require, provided that if the conviction was for a violent felony as defined in \u00a7 19.2-297.1 and the defendant was sentenced to serve a period of incarceration not subject to suspension, then the circuit court shall presume, subject to rebuttal, that no condition or combination of conditions of bail will reasonably assure the appearance of the convicted person or the safety of the public.\n\t\tIn any case in which the circuit court denies bail, the reason for such denial shall be stated on the record of the case. A writ of error from the Court of Appeals shall lie to any such judgment refusing bail or requiring excessive bail. Upon review by the Court of Appeals, if the decision by the trial court to deny bail is overruled, the Court of Appeals shall either set bail or remand the matter to circuit court for such further action regarding bail as the Court of Appeals directs.","order_by":null,"text":{"0":{"id":285112,"text":"If a person sentenced by a circuit court to confinement in the state correctional facility indicates an intention to apply for a writ of error, the circuit court shall postpone the execution of such sentence for such time as it may deem proper.\n\t\tIn any other criminal case wherein judgment is given by any circuit court to which a writ of error lies, and in any case of judgment for any civil or criminal contempt, from which an appeal may be taken or to which a writ of error lies, the circuit court giving such judgment may postpone the execution thereof for such time and on such terms as it deems proper.\n\t\tIn any case after conviction if the sentence, or the execution thereof, is suspended in accordance with this section, or for any other cause, the circuit court, or the judge thereof, may, and in any case of a misdemeanor shall, set bail in such penalty and for appearance at such time as the nature of the case may require, provided that if the conviction was for a violent felony as defined in \u00a7 19.2-297.1 and the defendant was sentenced to serve a period of incarceration not subject to suspension, then the circuit court shall presume, subject to rebuttal, that no condition or combination of conditions of bail will reasonably assure the appearance of the convicted person or the safety of the public.\n\t\tIn any case in which the circuit court denies bail, the reason for such denial shall be stated on the record of the case. A writ of error from the Court of Appeals shall lie to any such judgment refusing bail or requiring excessive bail. Upon review by the Court of Appeals, if the decision by the trial court to deny bail is overruled, the Court of Appeals shall either set bail or remand the matter to circuit court for such further action regarding bail as the Court of Appeals directs.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15181,"edition_id":1,"name":"Exceptions and Writs of Error","identifier":"19","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:52:45","date_modified":"2026-06-26 03:52:45","permalink":{"id":169709,"object_type":"structure","relational_id":15181,"identifier":"19","token":"19.2\/19","url":"\/19.2\/19\/","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":67662,"structure_id":15181,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","url":"\/19.2-317\/","token":"19.2\/19\/19.2-317","metadata":false},{"id":70386,"structure_id":15181,"section_number":"19.2-317.1","catch_line":"Repealed","url":"\/19.2-317.1\/","token":"19.2\/19\/19.2-317.1","metadata":false},{"id":64483,"structure_id":15181,"section_number":"19.2-318","catch_line":"Appeal on writ of error to judgment for contempt","url":"\/19.2-318\/","token":"19.2\/19\/19.2-318","metadata":false},{"id":79572,"structure_id":15181,"section_number":"19.2-319","catch_line":"When execution of sentence to be suspended; bail; appeal from denial","url":"\/19.2-319\/","token":"19.2\/19\/19.2-319","metadata":false},{"id":78056,"structure_id":15181,"section_number":"19.2-320","catch_line":"Petitioner for writ of error to comply with Rules of Court","url":"\/19.2-320\/","token":"19.2\/19\/19.2-320","metadata":false},{"id":57808,"structure_id":15181,"section_number":"19.2-321","catch_line":"With whom petition for writ of error filed","url":"\/19.2-321\/","token":"19.2\/19\/19.2-321","metadata":false},{"id":73654,"structure_id":15181,"section_number":"19.2-321.1","catch_line":"Motion in the Court of Appeals for delayed appeal in criminal cases","url":"\/19.2-321.1\/","token":"19.2\/19\/19.2-321.1","metadata":false},{"id":74550,"structure_id":15181,"section_number":"19.2-321.2","catch_line":"Motion in the Supreme Court for delayed appeal in criminal cases","url":"\/19.2-321.2\/","token":"19.2\/19\/19.2-321.2","metadata":false},{"id":74447,"structure_id":15181,"section_number":"19.2-322","catch_line":"Repealed","url":"\/19.2-322\/","token":"19.2\/19\/19.2-322","metadata":false},{"id":82362,"structure_id":15181,"section_number":"19.2-322.1","catch_line":"Suspension of execution of judgment on appeal","url":"\/19.2-322.1\/","token":"19.2\/19\/19.2-322.1","metadata":false},{"id":77482,"structure_id":15181,"section_number":"19.2-323","catch_line":"Denial by judge or justice no bar to allowance by Court","url":"\/19.2-323\/","token":"19.2\/19\/19.2-323","metadata":false},{"id":74636,"structure_id":15181,"section_number":"19.2-324","catch_line":"Decision of appellate court","url":"\/19.2-324\/","token":"19.2\/19\/19.2-324","metadata":false},{"id":63439,"structure_id":15181,"section_number":"19.2-324.1","catch_line":"Erroneously admitted evidence; appeal","url":"\/19.2-324.1\/","token":"19.2\/19\/19.2-324.1","metadata":false},{"id":63791,"structure_id":15181,"section_number":"19.2-325","catch_line":"Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay printing costs","url":"\/19.2-325\/","token":"19.2\/19\/19.2-325","metadata":false},{"id":84883,"structure_id":15181,"section_number":"19.2-326","catch_line":"Payment of expenses of appeals of indigent defendants","url":"\/19.2-326\/","token":"19.2\/19\/19.2-326","metadata":false},{"id":79908,"structure_id":15181,"section_number":"19.2-327","catch_line":"How judgment of appellate court certified and entered","url":"\/19.2-327\/","token":"19.2\/19\/19.2-327","metadata":false},{"id":64877,"structure_id":15181,"section_number":"19.2-327.01","catch_line":"Repealed","url":"\/19.2-327.01\/","token":"19.2\/19\/19.2-327.01","metadata":false}],"previous_section":{"id":64483,"structure_id":15181,"section_number":"19.2-318","catch_line":"Appeal on writ of error to judgment for contempt","url":"\/19.2-318\/","token":"19.2\/19\/19.2-318","metadata":false},"next_section":{"id":78056,"structure_id":15181,"section_number":"19.2-320","catch_line":"Petitioner for writ of error to comply with Rules of Court","url":"\/19.2-320\/","token":"19.2\/19\/19.2-320","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-319\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1975, chapter 495; in 1979, chapter 649; in 1984, chapter 703; in 1987, chapter 175; in 1988, chapter 524; in 1999, chapter 821<\/a>; in 2008, chapters 126<\/a> and 146<\/a>; in 2025, chapter 305<\/a>.<\/p>","references":[{"id":78904,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","order_by":null,"url":"\/19.2-128\/"}],"refers_to":[{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"}],"permalink":{"id":169723,"object_type":"law","relational_id":79572,"identifier":"19.2-319","token":"19.2\/19\/19.2-319","url":"\/19.2-319\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-319\/","token":"19.2\/19\/19.2-319","dublin_core":{"Title":"When execution of sentence to be suspended; bail; appeal from denial","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-319","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a person sentenced by a circuit<\/span> court<\/span> to confinement in the state correctional facility indicates an intention to apply for a writ<\/span> of error, the circuit<\/span> court<\/span> shall postpone the execution of such sentence for such time as it may deem proper.\n\t\tIn any other criminal case wherein judgment<\/span> is given by any circuit<\/span> court<\/span> to which a writ<\/span> of error lies, and in any case of judgment<\/span> for any civil or criminal contempt<\/span>, from which an appeal<\/span> may be taken or to which a writ<\/span> of error lies, the circuit<\/span> court<\/span> giving such judgment<\/span> may postpone the execution thereof for such time and on such terms as it deems proper.\n\t\tIn any case after conviction<\/span> if the sentence, or the execution thereof, is suspended in accordance with this section, or for any other cause, the circuit<\/span> court<\/span>, or the judge<\/span> thereof, may, and in any case of a misdemeanor<\/span> shall, set bail<\/span> in such penalty<\/span> and for appearance<\/span> at such time as the nature of the case may require, provided that if the conviction<\/span> was for a violent felony<\/span> as defined in \u00a7 19.2-297.1<\/a> and the defendant<\/span> was sentenced to serve a period of incarceration not subject to suspension, then the circuit<\/span> court<\/span> shall presume, subject to rebuttal<\/span>, that no condition or combination of conditions of bail<\/span> will reasonably assure the appearance<\/span> of the convicted person or the safety of the public.\n\t\tIn any case in which the circuit<\/span> court<\/span> denies bail<\/span>, the reason for such denial shall be stated on the record of the case. A writ<\/span> of error from the Court<\/span> of Appeals<\/span> shall lie to any such judgment<\/span> refusing bail<\/span> or requiring excessive bail<\/span>. Upon review by the Court<\/span> of Appeals<\/span>, if the decision by the trial<\/span> court<\/span> to deny bail<\/span> is overruled, the Court<\/span> of Appeals<\/span> shall either set bail<\/span> or remand<\/span> the matter to circuit<\/span> court<\/span> for such further action regarding bail<\/span> as the Court<\/span> of Appeals<\/span> directs.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN EXECUTION OF SENTENCE TO BE SUSPENDED; BAIL; APPEAL FROM DENIAL (\u00a7\n19.2-319)\n\nIf a person sentenced by a circuit court to confinement in the state\ncorrectional facility indicates an intention to apply for a writ of error, the\ncircuit court shall postpone the execution of such sentence for such time as it\nmay deem proper.\n\t\tIn any other criminal case wherein judgment is given by any circuit court to\nwhich a writ of error lies, and in any case of judgment for any civil or\ncriminal contempt, from which an appeal may be taken or to which a writ of error\nlies, the circuit court giving such judgment may postpone the execution thereof\nfor such time and on such terms as it deems proper.\n\t\tIn any case after conviction if the sentence, or the execution thereof, is\nsuspended in accordance with this section, or for any other cause, the circuit\ncourt, or the judge thereof, may, and in any case of a misdemeanor shall, set\nbail in such penalty and for appearance at such time as the nature of the case\nmay require, provided that if the conviction was for a violent felony as defined\nin \u00a7 19.2-297.1 and the defendant was sentenced to serve a period of\nincarceration not subject to suspension, then the circuit court shall presume,\nsubject to rebuttal, that no condition or combination of conditions of bail will\nreasonably assure the appearance of the convicted person or the safety of the\npublic.\n\t\tIn any case in which the circuit court denies bail, the reason for such denial\nshall be stated on the record of the case. A writ of error from the Court of\nAppeals shall lie to any such judgment refusing bail or requiring excessive\nbail. Upon review by the Court of Appeals, if the decision by the trial court to\ndeny bail is overruled, the Court of Appeals shall either set bail or remand the\nmatter to circuit court for such further action regarding bail as the Court of\nAppeals directs.\n\nHISTORY: Code 1950, \u00a7 19.1-281; 1960, c. 366; 1975, c. 495; 1979, c. 649; 1984,\nc. 703; 1987, c. 175; 1988, c. 524; 1999, c. 821; 2008, cc. 126, 146; 2021, Sp.\nSess. I, cc. 344, 345; 2025, c. 305.","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}}