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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67839</law_id><section_number>19.2-135</section_number><catch_line>Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of condition</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-90</reference><reference>8.01-408</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="9">Bail and Recognizances</unit><unit label="article" level="3" order_by="1" identifier="2">Recognizances</unit></structure><text>
						<section><p>When a judicial officer considers that there is sufficient cause for charging the <span class="dictionary">accused</span> or juvenile taken into <span class="dictionary">custody</span> pursuant to &#xA7;&#xA0;<a class="law" title="When and how child may be taken into immediate custody" href="/16.1-246/">16.1-246</a> with a <span class="dictionary">felony</span>, unless it be a case wherein it is otherwise specially provided, the commitment shall be for <span class="dictionary">trial</span> or <span class="dictionary">hearing</span>. Any <span class="dictionary">recognizance</span> taken of the <span class="dictionary">accused</span> or juvenile shall be upon the following conditions: (1) that he appear to answer for the <span class="dictionary">offense</span> with which he is charged before the <span class="dictionary">court</span> or <span class="dictionary">judge</span> before whom the case will be tried at such time as may be stated in the <span class="dictionary">recognizance</span> and at any time or times to which the proceedings may be continued and before any <span class="dictionary">court</span> or <span class="dictionary">judge</span> thereafter in which proceedings on the charge are held; (2) that he shall not depart from the Commonwealth unless the judicial officer taking <span class="dictionary">recognizance</span> or a <span class="dictionary">court</span> in a subsequent proceeding specifically <span class="dictionary">waives</span> such requirement; and (3) that he shall keep the peace and be of good behavior until the case is finally disposed of. Every such <span class="dictionary">recognizance</span> shall also include a <span class="dictionary">waiver</span> such as is required by &#xA7;&#xA0;<a class="law" title="Provisions and conditions; acknowledgment and recordation; duty of clerk when taken in pending cause" href="/49-12/">49-12</a> in relation to the <span class="dictionary">bonds</span> therein mentioned and though such <span class="dictionary">waiver</span> be not expressed in the <span class="dictionary">recognizance</span> it shall be deemed to be included therein in like manner and with the same effect as if it was so expressed. The <span class="dictionary">judge</span> shall return to the clerk of the <span class="dictionary">court</span> wherein the <span class="dictionary">accused</span> or juvenile is to be tried, or the case be heard as soon as may be, a certificate of the nature of the <span class="dictionary">offense</span>, showing whether the <span class="dictionary">accused</span> or juvenile was committed to jail or recognized for his <span class="dictionary">appearance</span>; and the clerk, as soon as may be, shall inform the attorney for the Commonwealth of such certificate.
		The <span class="dictionary">court</span> may, in its discretion, in the event of a violation of any condition of a <span class="dictionary">recognizance</span> taken pursuant to this section, <span class="dictionary">remand</span> the principal to jail until the case is finally disposed of, and if the principal is remanded to jail, the <span class="dictionary">surety</span> is discharged from liability.
		When a <span class="dictionary">recognizance</span> is taken of a <span class="dictionary">witness</span> in a case against an <span class="dictionary">accused</span> or juvenile, the condition thereof shall be that he appear to give <span class="dictionary">evidence</span> in such case and that he shall not depart from the Commonwealth without the leave of such <span class="dictionary">court</span> or <span class="dictionary">judge</span>.</p></section></text><history>Code 1950, &#xA7;&#xA7; 19.1-125, 19.1-128, 19.1-133; 1960, c. 366; 1968, c. 639; 1975, c. 495; 1977, c. 287; 1978, c. 755; 1979, c. 735; 1988, c. 688; 1992, c. 576.</history><metadata></metadata></law>
