When execution of sentence to be suspended; bail; appeal from denial (§ 19.2-319)—Virginia Decoded

When execution of sentence to be suspended; bail; appeal from denial

If a person sentenced by a circuit court to death or confinement in the state correctional facility indicates an intention to apply for a writ of error, the circuit court shall postpone the execution of such sentence for such time as it may deem proper.In any other criminal case wherein judgment is given by any court to which a writ of error lies, and in any case of judgment for any civil or criminal contempt, from which an appeal may be taken or to which a writ of error lies, the court giving such judgment may postpone the execution thereof for such time and on such terms as it deems proper.In any case after conviction if the sentence, or the execution thereof, is suspended in accordance with this section, or for any other cause, the court, or the judge thereof, may, and in any case of a misdemeanor shall, set bail in such penalty and for appearance at such time as the nature of the case may require; provided that, if the conviction was for a violent felony as defined in § 19.2-297.1 and the defendant was sentenced to serve a period of incarceration not subject to suspension, then the court shall presume, subject to rebuttal, that no condition or combination of conditions of bail will reasonably assure the appearance of the convicted person or the safety of the public.In any case in which the court denies bail, the reason for such denial shall be stated on the record of the case. A writ of error from the Court of Appeals shall lie to any such judgment refusing bail or requiring excessive bail, except that in any case where a person has been sentenced to death, a writ of error shall lie from the Supreme Court. Upon review by the Court of Appeals or the Supreme Court, if the decision by the trial court to deny bail is overruled, the appellate court shall either set bail or remand the matter to circuit court for such further action regarding bail as the appellate court directs.

History

Code 1950, § 19.1-281; 1960, c. 366; 1975, c. 495; 1979, c. 649; 1984, c. 703; 1987, c. 175; 1988, c. 524; 1999, c. 821; 2008, cc. 126, 146.

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Court Decisions

Grant v. Commonwealth (SCV, 06/18/82)
. . . of his motion under | 19.2-319. . . .

Dowell v. Com. (COA, 05/03/88)
. . . foundation to support the denial of bail. . . .

Peterson v. Com. (SCV, 04/29/83)
. . . suspends execution of the *526 sentence. Code § 19.2-319; Hirschkop v. Commonwealth, 209 Va. 678, . . .

Com. v. Smith (SCV, 11/27/85)
. . . review in such cases to this Court. . . .

Petterson v. Com. (COA, 07/30/91)
. . . sentence may be postponed pending an appeal. Code § 19.2-319. In such a case, a defendant may be . . .

Bowling v. Com. (COA, 12/27/07)
. . . him, as he was not released pursuant to Code § 19.2-319 when he failed to appear for sentencing.[4] . . .

Askew v. Com. (COA, 12/12/06)
. . . for bail pending the appeal, pursuant to Code § 19.2-319. On August 31, 2005, the trial court, . . .

Preston v. Com. (COA, 06/16/92)
. . . or affect finality of the judgment. See Code § 19.2-319; Peterson v. Commonwealth, 225 Va. 289, . . .

Strohecker v. Com. (COA, 09/24/96)
. . . appeal. . . ." Appellant contends that Code § 19.2-319 requires the trial court to both set bail . . .

Scialdone v. Com. (SCV, 02/25/10)
. . . execution of the sentences pursuant to Code § 19.2-319. . . .

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