19.2-158 - When person not free on bail shall be informed of right to counsel and amount of bail. - Virginia Statutes

§ 19.2-158. When person not free on bail shall be informed of right tocounsel and amount of bail.

Every person charged with an offense described in § 19.2-157, who is not freeon bail or otherwise, shall be brought before the judge of a court not ofrecord, unless the circuit court issues process commanding the presence ofthe person, in which case the person shall be brought before the circuitcourt, on the first day on which such court sits after the person is charged,at which time the judge shall inform the accused of the amount of his bailand his right to counsel. The court shall also hear and consider motions bythe person or Commonwealth relating to bail or conditions of release pursuantto Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title. If the courtnot of record sits on a day prior to the scheduled sitting of the court whichissued process, the person shall be brought before the court not of record.

No hearing on the charges against the accused shall be had until theforegoing conditions have been complied with, and the accused shall beallowed a reasonable opportunity to employ counsel of his own choice, or, ifappropriate, the statement of indigence provided for in § 19.2-159 may beexecuted.

(Code 1950, §§ 19.1-241.2, 19.1-241.8; 1964, c. 657; 1966, c. 460; 1973, c.316; 1975, c. 495; 1998, c. 773; 1999, cc. 829, 846.)