{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-398.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-398.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-398.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-398.html"}],"law_id":70900,"edition_id":1,"section_id":70900,"structure_id":15485,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","history":"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.","full_text":"A\n\nIn a felony case a pretrial appeal from a circuit court may be taken by the Commonwealth from:1\n\nAn order of a circuit court dismissing a warrant, information or indictment, or any count or charge thereof on the ground that (i) the defendant was deprived of a speedy trial in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243; or (ii) the defendant would be twice placed in jeopardy in violation of the provisions of the Fifth Amendment to the Constitution of the United States or Article I, Section 8 of the Constitution of Virginia; or2\n\nAn order of a circuit court prohibiting the use of certain evidence at trial on the grounds such evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination, provided the Commonwealth certifies that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding.B\n\nA petition for appeal may be taken by the Commonwealth in a felony case from any order of release on conditions pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title.C\n\nA petition for appeal may be taken by the Commonwealth in a felony case after conviction where the sentence imposed by the circuit court is contrary to mandatory sentencing or restitution terms required by statute.D\n\nNothing in this chapter shall affect the Commonwealth’s right to appeal in civil matters or cases involving a violation of law relating to the state revenue or appeals pursuant to § 17.1-411 or subsection C of § 19.2-317.E\n\nA pretrial appeal may be taken in any criminal case from an order of a circuit court dismissing a warrant, information, summons, delinquency petition, or indictment, or any count or charge thereof, on the ground that a statute or local ordinance on which the order is based is unconstitutional.","order_by":null,"text":{"0":{"id":255665,"text":"In a felony case a pretrial appeal from a circuit court may be taken by the Commonwealth from:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":255666,"text":"An order of a circuit court dismissing a warrant, information or indictment, or any count or charge thereof on the ground that (i) the defendant was deprived of a speedy trial in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243; or (ii) the defendant would be twice placed in jeopardy in violation of the provisions of the Fifth Amendment to the Constitution of the United States or Article I, Section 8 of the Constitution of Virginia; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":255667,"text":"An order of a circuit court prohibiting the use of certain evidence at trial on the grounds such evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination, provided the Commonwealth certifies that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":255668,"text":"A petition for appeal may be taken by the Commonwealth in a felony case from any order of release on conditions pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":255669,"text":"A petition for appeal may be taken by the Commonwealth in a felony case after conviction where the sentence imposed by the circuit court is contrary to mandatory sentencing or restitution terms required by statute.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":255670,"text":"Nothing in this chapter shall affect the Commonwealth’s right to appeal in civil matters or cases involving a violation of law relating to the state revenue or appeals pursuant to § 17.1-411 or subsection C of § 19.2-317.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":255671,"text":"A pretrial appeal may be taken in any criminal case from an order of a circuit court dismissing a warrant, information, summons, delinquency petition, or indictment, or any count or charge thereof, on the ground that a statute or local ordinance on which the order is based is unconstitutional.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15485,"edition_id":1,"name":"Appeals by the Commonwealth","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:55:26","date_modified":"2026-06-26 03:55:26","permalink":{"id":170613,"object_type":"structure","relational_id":15485,"identifier":"25","token":"19.2\/25","url":"\/19.2\/25\/","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":70900,"structure_id":15485,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","url":"\/19.2-398\/","token":"19.2\/25\/19.2-398","metadata":false},{"id":87154,"structure_id":15485,"section_number":"19.2-399","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","url":"\/19.2-399\/","token":"19.2\/25\/19.2-399","metadata":false},{"id":75559,"structure_id":15485,"section_number":"19.2-400","catch_line":"Appeal lies to the Court of Appeals; time for filing notice","url":"\/19.2-400\/","token":"19.2\/25\/19.2-400","metadata":false},{"id":75848,"structure_id":15485,"section_number":"19.2-401","catch_line":"Cross appeal; when allowed; time for filing","url":"\/19.2-401\/","token":"19.2\/25\/19.2-401","metadata":false},{"id":59163,"structure_id":15485,"section_number":"19.2-402","catch_line":"Petition for appeal; brief in opposition; time for filing","url":"\/19.2-402\/","token":"19.2\/25\/19.2-402","metadata":false},{"id":68963,"structure_id":15485,"section_number":"19.2-403","catch_line":"Procedures on petition for pretrial appeal","url":"\/19.2-403\/","token":"19.2\/25\/19.2-403","metadata":false},{"id":70349,"structure_id":15485,"section_number":"19.2-404","catch_line":"Procedures on awarded pretrial appeal","url":"\/19.2-404\/","token":"19.2\/25\/19.2-404","metadata":false},{"id":71757,"structure_id":15485,"section_number":"19.2-405","catch_line":"Pretrial appeals; record on appeal; transcript; written statement of facts; time for filing","url":"\/19.2-405\/","token":"19.2\/25\/19.2-405","metadata":false},{"id":61058,"structure_id":15485,"section_number":"19.2-406","catch_line":"Bail pending pretrial appeal","url":"\/19.2-406\/","token":"19.2\/25\/19.2-406","metadata":false},{"id":65497,"structure_id":15485,"section_number":"19.2-407","catch_line":"Review by the Supreme Court","url":"\/19.2-407\/","token":"19.2\/25\/19.2-407","metadata":false},{"id":75858,"structure_id":15485,"section_number":"19.2-408","catch_line":"Finality of decision of the Court of Appeals in pretrial appeals","url":"\/19.2-408\/","token":"19.2\/25\/19.2-408","metadata":false},{"id":59004,"structure_id":15485,"section_number":"19.2-409","catch_line":"Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction","url":"\/19.2-409\/","token":"19.2\/25\/19.2-409","metadata":false}],"next_section":{"id":87154,"structure_id":15485,"section_number":"19.2-399","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","url":"\/19.2-399\/","token":"19.2\/25\/19.2-399","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-398\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 510 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1987, chapter 710; in 1998, chapter 251<\/a>; in 1999, chapters 829<\/a> and 846<\/a>; in 2002, chapters 611<\/a> and 692<\/a>; in 2003, chapter 109<\/a>; in 2005, chapters 622<\/a> and 694<\/a>; in 2006, chapters 571<\/a> and 876<\/a>.<\/p>","references":[{"id":84966,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","order_by":null,"url":"\/15.2-1627\/"},{"id":54277,"section_number":"17.1-402","catch_line":"Sessions; panels; quorum; presiding judges; hearings en banc","order_by":null,"url":"\/17.1-402\/"},{"id":66044,"section_number":"17.1-408","catch_line":"Time for filing; notice; opening brief; petition","order_by":null,"url":"\/17.1-408\/"},{"id":63032,"section_number":"17.1-410","catch_line":"Disposition of appeals; finality of decisions","order_by":null,"url":"\/17.1-410\/"},{"id":75559,"section_number":"19.2-400","catch_line":"Appeal lies to the Court of Appeals; time for filing notice","order_by":null,"url":"\/19.2-400\/"},{"id":75848,"section_number":"19.2-401","catch_line":"Cross appeal; when allowed; time for filing","order_by":null,"url":"\/19.2-401\/"},{"id":59163,"section_number":"19.2-402","catch_line":"Petition for appeal; brief in opposition; time for filing","order_by":null,"url":"\/19.2-402\/"},{"id":68963,"section_number":"19.2-403","catch_line":"Procedures on petition for pretrial appeal","order_by":null,"url":"\/19.2-403\/"},{"id":61058,"section_number":"19.2-406","catch_line":"Bail pending pretrial appeal","order_by":null,"url":"\/19.2-406\/"},{"id":65497,"section_number":"19.2-407","catch_line":"Review by the Supreme Court","order_by":null,"url":"\/19.2-407\/"},{"id":75858,"section_number":"19.2-408","catch_line":"Finality of decision of the Court of Appeals in pretrial appeals","order_by":null,"url":"\/19.2-408\/"},{"id":77776,"section_number":"2.2-511","catch_line":"Criminal cases","order_by":null,"url":"\/2.2-511\/"},{"id":58150,"section_number":"8.01-675.3","catch_line":"Time within which appeal must be taken; notice","order_by":null,"url":"\/8.01-675.3\/"}],"refers_to":[{"id":61862,"section_number":"17.1-411","catch_line":"Review by the Supreme Court","order_by":null,"url":"\/17.1-411\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"},{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"}],"permalink":{"id":170615,"object_type":"law","relational_id":70900,"identifier":"19.2-398","token":"19.2\/25\/19.2-398","url":"\/19.2-398\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-398\/","token":"19.2\/25\/19.2-398","dublin_core":{"Title":"When appeal by the Commonwealth allowed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-398","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In a felony<\/span> case a pretrial appeal<\/span> from a circuit<\/span> court<\/span> may be taken by the Commonwealth from: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An order<\/span> of a circuit<\/span> court<\/span> dismissing a warrant, information or indictment<\/span>, or any count or charge thereof on the ground that (i) the defendant<\/span> was deprived of a speedy trial<\/span> in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243<\/a>; or (ii) the defendant<\/span> would be twice placed in jeopardy in violation of the provisions of the Fifth Amendment to the Constitution of the United States or Article I, Section 8 of the Constitution of Virginia; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An order<\/span> of a circuit<\/span> court<\/span> prohibiting the use of certain evidence<\/span> at trial on the grounds such evidence<\/span> was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination, provided the Commonwealth certifies that the appeal<\/span> is not taken for purpose of delay and that the evidence<\/span> is substantial proof of a fact<\/span> material<\/span> in the proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A petition<\/span> for appeal<\/span> may be taken by the Commonwealth in a felony<\/span> case from any order<\/span> of release on conditions pursuant to Article 1 (§ 19.2-119<\/a> et seq.) of Chapter 9 of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A petition<\/span> for appeal<\/span> may be taken by the Commonwealth in a felony<\/span> case after conviction<\/span> where the sentence imposed by the circuit<\/span> court<\/span> is contrary to mandatory sentencing or restitution<\/span> terms required by statute<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this chapter shall affect the Commonwealth’s right to appeal<\/span> in civil matters or cases involving a violation of law<\/span> relating to the state revenue or appeals<\/span> pursuant to § 17.1-411<\/a> or subsection C of § 19.2-317<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A pretrial appeal<\/span> may be taken in any criminal case from an order<\/span> of a circuit<\/span> court<\/span> dismissing a warrant, information, summons<\/span>, delinquency petition<\/span>, or indictment<\/span>, or any count or charge thereof, on the ground that a statute<\/span> or local ordinance<\/span> on which the order<\/span> is based is unconstitutional. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN APPEAL BY THE COMMONWEALTH ALLOWED (\u00a7 19.2-398)\n\nA. In a felony case a pretrial appeal from a circuit court may be taken by the\nCommonwealth from:\n\n 1. An order of a circuit court dismissing a warrant, information or\n indictment, or any count or charge thereof on the ground that (i) the\n defendant was deprived of a speedy trial in violation of the provisions of the\n Sixth Amendment to the Constitution of the United States, Article I, Section 8\n of the Constitution of Virginia, or § 19.2-243; or (ii) the defendant\n would be twice placed in jeopardy in violation of the provisions of the Fifth\n Amendment to the Constitution of the United States or Article I, Section 8 of\n the Constitution of Virginia; or\n\n 2. An order of a circuit court prohibiting the use of certain evidence at\n trial on the grounds such evidence was obtained in violation of the provisions\n of the Fourth, Fifth or Sixth Amendments to the Constitution of the United\n States or Article I, Section 8, 10 or 11 of the Constitution of Virginia\n prohibiting illegal searches and seizures and protecting rights against\n self-incrimination, provided the Commonwealth certifies that the appeal is not\n taken for purpose of delay and that the evidence is substantial proof of a\n fact material in the proceeding.\n\nB. A petition for appeal may be taken by the Commonwealth in a felony case from\nany order of release on conditions pursuant to Article 1 (§ 19.2-119 et\nseq.) of Chapter 9 of this title.\n\nC. A petition for appeal may be taken by the Commonwealth in a felony case after\nconviction where the sentence imposed by the circuit court is contrary to\nmandatory sentencing or restitution terms required by statute.\n\nD. Nothing in this chapter shall affect the Commonwealth’s right to appeal\nin civil matters or cases involving a violation of law relating to the state\nrevenue or appeals pursuant to § 17.1-411 or subsection C of §\n19.2-317.\n\nE. A pretrial appeal may be taken in any criminal case from an order of a\ncircuit court dismissing a warrant, information, summons, delinquency petition,\nor indictment, or any count or charge thereof, on the ground that a statute or\nlocal ordinance on which the order is based is unconstitutional.\n\nHISTORY: 1985, c. 510; 1987, c. 710; 1998, c. 251; 1999, cc. 829, 846; 2002, cc.\n611, 692; 2003, c. 109; 2005, cc. 622, 694; 2006, cc. 571, 876.","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}}