                                 CODE OF VIRGINIA

BAIL PENDING PRETRIAL APPEAL (§ 19.2-406)

This section applies only to pretrial appeals. Upon a pretrial appeal being
taken by the Commonwealth pursuant to § 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&#8217;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 (§ 19.2-119 et seq.) of Chapter 9 of this title.

HISTORY: 1987, c. 710; 1999, cc. 829, 846; 2003, c. 109.