{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-409.html"}],"law_id":59004,"edition_id":1,"section_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","history":"1987, c. 710; 2003, c. 109; 2007, c. 414.","full_text":"This section applies only to pretrial appeals. The provisions of \u00a7 19.2-243 shall not apply to the period of time commencing when the Commonwealth’s notice of pretrial appeal is filed pursuant to this chapter and ending 60 days after the Court of Appeals or Supreme Court issues its mandate disposing of the pretrial appeal. Such finality of the Court of Appeals’ decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial appeal.","order_by":null,"text":{"0":{"id":216337,"text":"This section applies only to pretrial appeals. The provisions of \u00a7 19.2-243 shall not apply to the period of time commencing when the Commonwealth’s notice of pretrial appeal is filed pursuant to this chapter and ending 60 days after the Court of Appeals or Supreme Court issues its mandate disposing of the pretrial appeal. Such finality of the Court of Appeals’ decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial appeal.","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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-409\/","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 2003, chapter 109<\/a>; in 2007, chapter 414<\/a>.<\/p>","references":false,"refers_to":[{"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":170659,"object_type":"law","relational_id":59004,"identifier":"19.2-409","token":"19.2\/25\/19.2-409","url":"\/19.2-409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-409\/","token":"19.2\/25\/19.2-409","dublin_core":{"Title":"Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

This section applies only to pretrial appeals<\/span>. The provisions of \u00a7 19.2-243<\/a> shall not apply to the period of time commencing when the Commonwealth’s notice of pretrial appeal<\/span> is filed pursuant to this chapter and ending 60 days after the Court<\/span> of Appeals<\/span> or Supreme Court<\/span> issues<\/span> its mandate<\/span> disposing of the pretrial appeal<\/span>. Such finality of the Court<\/span> of Appeals<\/span>’ decision shall not preclude a defendant<\/span>, if he is convicted, from requesting the Court<\/span> of Appeals<\/span> or Supreme Court<\/span> on direct appeal<\/span> to reconsider an issue<\/span> which was the subject of the pretrial appeal<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCLUSION OF PRETRIAL APPEAL PERIOD FROM TIME WITHIN WHICH ACCUSED MUST BE\nTRIED; RECONSIDERATION OF ISSUES AFTER CONVICTION (\u00a7 19.2-409)\n\nThis section applies only to pretrial appeals. The provisions of \u00a7 19.2-243\nshall not apply to the period of time commencing when the Commonwealth’s\nnotice of pretrial appeal is filed pursuant to this chapter and ending 60 days\nafter the Court of Appeals or Supreme Court issues its mandate disposing of the\npretrial appeal. Such finality of the Court of Appeals’ decision shall not\npreclude a defendant, if he is convicted, from requesting the Court of Appeals\nor Supreme Court on direct appeal to reconsider an issue which was the subject\nof the pretrial appeal.\n\nHISTORY: 1987, c. 710; 2003, c. 109; 2007, c. 414.","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}}