                                 CODE OF VIRGINIA

WHEN APPEAL BY THE COMMONWEALTH ALLOWED (§ 19.2-398)

A. In a felony case a pretrial appeal from a circuit court may be taken by the
Commonwealth from:

   1. 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 &#xA7; 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

   2. 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.

B. 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 (&#xA7; 19.2-119 et
seq.) of Chapter 9 of this title.

C. 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.

D. Nothing in this chapter shall affect the Commonwealth&#8217;s right to appeal
in civil matters or cases involving a violation of law relating to the state
revenue or appeals pursuant to &#xA7; 17.1-411 or subsection C of &#xA7;
19.2-317.

E. 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.

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.