19.2-406 - Bail pending pretrial appeal. - Virginia Statutes

§ 19.2-406. Bail pending pretrial appeal.

This section applies only to pretrial appeals. Upon a pretrial appeal beingtaken by the Commonwealth pursuant to § 19.2-398, if the defendant moves thetrial court for release on bail, that court shall promptly, but in no eventlater than three days after the Commonwealth's notice of appeal is filed,hold a hearing to determine the issue of bail. The burden shall be upon theCommonwealth to show good cause why the bail should not be reduced or theaccused released on his own recognizance. If it is determined that theaccused shall be released on bail, bail shall be set and determined inaccordance with Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title.

(1987, c. 710; 1999, cc. 829, 846; 2003, c. 109.)