{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-326.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-326.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-326.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-326.html"}],"law_id":84883,"edition_id":1,"section_id":84883,"structure_id":15181,"section_number":"19.2-326","catch_line":"Payment of expenses of appeals of indigent defendants","history":"Code 1950, \u00a7 17-30.2; 1962, c. 419; 1964, c. 651; 1975, c. 495; 1980, c. 626; 1984, c. 703; 2025, c. 612.","full_text":"In any felony or misdemeanor case wherein the judge of the circuit court, from the affidavit of the defendant or any other evidence certifies that the defendant is financially unable to pay his attorney fees, costs, and expenses incident to an appeal, the court to which an appeal is taken shall order the payment of such attorney fees in an amount not less than $300, costs, or necessary expenses of such attorney in an amount deemed reasonable by the court, by the Commonwealth out of the appropriation for criminal charges. If the conviction is upheld on appeal, the attorney fees, costs, and necessary expenses of such attorney paid by the Commonwealth under the provisions of this section may be assessed against the defendant.","order_by":null,"text":{"0":{"id":304121,"text":"In any felony or misdemeanor case wherein the judge of the circuit court, from the affidavit of the defendant or any other evidence certifies that the defendant is financially unable to pay his attorney fees, costs, and expenses incident to an appeal, the court to which an appeal is taken shall order the payment of such attorney fees in an amount not less than $300, costs, or necessary expenses of such attorney in an amount deemed reasonable by the court, by the Commonwealth out of the appropriation for criminal charges. If the conviction is upheld on appeal, the attorney fees, costs, and necessary expenses of such attorney paid by the Commonwealth under the provisions of this section may be assessed against the defendant.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-326\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1962, chapter 419; in 1964, chapter 651; in 1975, chapter 495; in 1980, chapter 626; in 1984, chapter 703; in 2025, chapter 612<\/a>.<\/p>","references":[{"id":75848,"section_number":"19.2-401","catch_line":"Cross appeal; when allowed; time for filing","order_by":null,"url":"\/19.2-401\/"}],"refers_to":false,"permalink":{"id":169767,"object_type":"law","relational_id":84883,"identifier":"19.2-326","token":"19.2\/19\/19.2-326","url":"\/19.2-326\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-326\/","token":"19.2\/19\/19.2-326","dublin_core":{"Title":"Payment of expenses of appeals of indigent defendants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-326","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any felony<\/span> or misdemeanor<\/span> case wherein the judge<\/span> of the circuit<\/span> court<\/span>, from the affidavit<\/span> of the defendant<\/span> or any other evidence<\/span> certifies that the defendant<\/span> is financially unable to pay his attorney fees, costs, and expenses incident to an appeal<\/span>, the court<\/span> to which an appeal<\/span> is taken shall order<\/span> the payment of such attorney fees in an amount not less than $300, costs, or necessary expenses of such attorney in an amount deemed reasonable by the court<\/span>, by the Commonwealth out of the appropriation for criminal charges. If the conviction<\/span> is upheld on appeal<\/span>, the attorney fees, costs, and necessary expenses of such attorney paid by the Commonwealth under the provisions of this section may be assessed against the defendant<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT OF EXPENSES OF APPEALS OF INDIGENT DEFENDANTS (\u00a7 19.2-326)\n\nIn any felony or misdemeanor case wherein the judge of the circuit court, from\nthe affidavit of the defendant or any other evidence certifies that the\ndefendant is financially unable to pay his attorney fees, costs, and expenses\nincident to an appeal, the court to which an appeal is taken shall order the\npayment of such attorney fees in an amount not less than $300, costs, or\nnecessary expenses of such attorney in an amount deemed reasonable by the court,\nby the Commonwealth out of the appropriation for criminal charges. If the\nconviction is upheld on appeal, the attorney fees, costs, and necessary expenses\nof such attorney paid by the Commonwealth under the provisions of this section\nmay be assessed against the defendant.\n\nHISTORY: Code 1950, \u00a7 17-30.2; 1962, c. 419; 1964, c. 651; 1975, c. 495; 1980,\nc. 626; 1984, c. 703; 2025, c. 612.","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}}