{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-406.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-406.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-406.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-406.html"}],"law_id":61058,"edition_id":1,"section_id":61058,"structure_id":15485,"section_number":"19.2-406","catch_line":"Bail pending pretrial appeal","history":"1987, c. 710; 1999, cc. 829, 846; 2003, c. 109.","full_text":"This section applies only to pretrial appeals. Upon a pretrial appeal being taken by the Commonwealth pursuant to \u00a7 19.2-398, if the defendant moves the trial court for release on bail, that court shall promptly, but in no event later than three days after the Commonwealth’s notice of appeal is filed, hold a hearing to determine the issue of bail. The burden shall be upon the Commonwealth to show good cause why the bail should not be reduced or the accused released on his own recognizance. If it is determined that the accused shall be released on bail, bail shall be set and determined in accordance with Article 1 (\u00a7 19.2-119 et seq.) of Chapter 9 of this title.","order_by":null,"text":{"0":{"id":223264,"text":"This section applies only to pretrial appeals. Upon a pretrial appeal being taken by the Commonwealth pursuant to \u00a7 19.2-398, if the defendant moves the trial court for release on bail, that court shall promptly, but in no event later than three days after the Commonwealth’s notice of appeal is filed, hold a hearing to determine the issue of bail. The burden shall be upon the Commonwealth to show good cause why the bail should not be reduced or the accused released on his own recognizance. If it is determined that the accused shall be released on bail, bail shall be set and determined in accordance with Article 1 (\u00a7 19.2-119 et seq.) of Chapter 9 of this title.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-406\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 710 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 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1999, chapters 829<\/a> and 846<\/a>; in 2003, chapter 109<\/a>.<\/p>","references":false,"refers_to":[{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"},{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"}],"permalink":{"id":170647,"object_type":"law","relational_id":61058,"identifier":"19.2-406","token":"19.2\/25\/19.2-406","url":"\/19.2-406\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-406\/","token":"19.2\/25\/19.2-406","dublin_core":{"Title":"Bail pending pretrial appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-406","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

This section applies only to pretrial appeals<\/span>. Upon a pretrial appeal being taken by the Commonwealth pursuant to \u00a7 19.2-398<\/a>, if the defendant<\/span> moves the trial<\/span> court<\/span> for release on bail<\/span>, that court<\/span> shall promptly, but in no event later than three days after the Commonwealth’s notice of appeal<\/span> is filed, hold a hearing<\/span> to determine the issue<\/span> of bail<\/span>. The burden shall be upon the Commonwealth to show good cause why the bail<\/span> should not be reduced or the accused<\/span> released on his own recognizance<\/span>. If it is determined that the accused<\/span> shall be released on bail<\/span>, bail<\/span> shall be set and determined in accordance with Article 1 (\u00a7 19.2-119<\/a> et seq.) of Chapter 9 of this title.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBAIL PENDING PRETRIAL APPEAL (\u00a7 19.2-406)\n\nThis section applies only to pretrial appeals. Upon a pretrial appeal being\ntaken by the Commonwealth pursuant to \u00a7 19.2-398, if the defendant moves the\ntrial court for release on bail, that court shall promptly, but in no event\nlater than three days after the Commonwealth’s notice of appeal is filed,\nhold a hearing to determine the issue of bail. The burden shall be upon the\nCommonwealth to show good cause why the bail should not be reduced or the\naccused released on his own recognizance. If it is determined that the accused\nshall be released on bail, bail shall be set and determined in accordance with\nArticle 1 (\u00a7 19.2-119 et seq.) of Chapter 9 of this title.\n\nHISTORY: 1987, c. 710; 1999, cc. 829, 846; 2003, c. 109.","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}}