                                 CODE OF VIRGINIA

APPEAL FROM BAIL, BOND, OR RECOGNIZANCE ORDER (§ 19.2-124)

A. If a judicial officer denies bail to a person, requires excessive bond, or
fixes unreasonable terms of a recognizance under this article, the person may
appeal the decision of the judicial officer.
			If the initial bail decision on a charge brought by a warrant or district
court capias is made by a magistrate, clerk, or deputy clerk, the person shall
first appeal to the district court in which the case is pending.
			If the initial bail decision on a charge brought by direct indictment or
presentment or circuit court capias is made by a magistrate, clerk, or deputy
clerk, the person shall first appeal to the circuit court in which the case is
pending.
			If the appeal of an initial bail decision is taken on any charge originally
pending in a district court after that charge has been appealed, certified, or
transferred to a circuit court, the person shall first appeal to the circuit
court in which the case is pending.
			Any bail decision made by a judge of a court may be appealed successively by
the person to the next higher court, up to and including the Supreme Court of
Virginia, where permitted by law.
			The bail decision of the higher court on such appeal, unless the higher court
orders otherwise, shall be remanded to the court in which the case is pending
for enforcement and modification. The court in which the case is pending shall
not modify the bail decision of the higher court, except upon a change in the
circumstances subsequent to the decision of the higher court.

B. The attorney for the Commonwealth may appeal a bail, bond, or recognizance
decision to the same court to which the accused person is required to appeal
under subsection A.

C. The court granting or denying such bail may, upon appeal thereof, and for
good cause shown, stay execution of such order for so long as reasonably
practicable for the party to obtain an expedited hearing before the next higher
court.
			No such stay under this subsection may be granted after any person who has
been granted bail has been released from custody on such bail.

D. No filing or service fees shall be assessed or collected for any appeal taken
pursuant to this section.

HISTORY: Code 1950, §§ 19.1-109.3, 19.1-112; 1960, c. 366; 1973, cc. 130, 485;
1975, c. 495; 1978, c. 755; 1984, c. 703; 1991, c. 581; 1999, cc. 829, 846;
2007, cc. 462, 549; 2010, cc. 404, 592; 2013, cc. 408, 474; 2016, c. 621; 2019,
c. 616; 2021, Sp. Sess. I, c. 337.