As used in this chapter:
"Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.
"Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance.
"Criminal history" means records and data collected by criminal justice agencies or persons consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal charges, and any deposition arising therefrom.
"Judicial officer" means, unless otherwise indicated, any magistrate serving the jurisdiction, any judge of a district court and the clerk or deputy clerk of any district court or circuit court within their respective cities and counties, any judge of a circuit court, any judge of the Court of Appeals and any justice of the Supreme Court of Virginia.
"Person" means any accused, or any juvenile taken into custody pursuant to § 16.1-246.
"Recognizance" means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail.
Code 1950, § 19.1-109.1; 1973, c. 485; 1974, c. 114; 1975, c. 495; 1984, c. 703; 1991, c. 581; 1993, c. 636; 1999, cc. 829, 846; 2008, cc. 551, 691.
Notes of Decisions
Gerald, T. v. Commonwealth, 813 S.E.2d 722 (Va. 2018).
· cites it 2× “2d 804 , 806, 808 (1951) (holding that power granted to "corporate authorities " in statutory provision was granted to "the corporation courts of the cities" and stating that "jurisdiction" is "the authority by which judicial officers take cognizance of, and apply and enforce…”
Crawford v. Commonwealth, 686 S.E.2d 557 (Va. Ct. App. 2009).
· cites it 2× “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 (§ 19.2-119 et seq. ) of Chapter 9 of this title.”
Jud. Inquiry & Review Com'n of Va v. Taylor, 685 S.E.2d 51 (Va. 2009).
· cites it 4× “falls within the definition of "person" contained in Code § 19.2-119: "` Person ' means any accused, or any juvenile taken into custody pursuant to § 16.”
Dorsey v. Commonwealth, 526 S.E.2d 787 (Va. Ct. App. 2000).
· cites it 2× “See Code §§ 19.2-119— 19.2-152.4. Those statutes do not permit a trial judge sua sponte and without prior notice to revoke bail of a person previously admitted to bail.”
Corbin v. Commonwealth, 604 S.E.2d 111 (Va. Ct. App. 2004).
“1-135 provides in relevant part: *208 A person who has been convicted of an offense in a district court and who has noted an appeal, either at the time judgment is rendered or subsequent to its entry, shall be given credit for any bond that he may have posted in the court from…”
Jerrod Max Palmer v. Commonwealth of Virginia (Va. Ct. App. 2022).
· cites it 4× “In other words, if Palmer is correct that he was entitled to bail, then why isn’t he entitled to be released on bond before sentencing? The answer comes from Code §§ 19.2-119, 19.2-120, and 19.2-124—the statutes authorizing Palmer’s bail appeal in this case—which make clear that…”
Tanksley v. Rose (E.D. Va. 2020).
· cites it 3× “’”); see also Va. Code § 19.2-119 (defining “judicial officer” to include magistrate); Bellamy v.”
Melvin Cornell Dodson v. Commonwealth (Va. Ct. App. 2006).
· cites it 4× “” And, on appeal, both Dodson and the Commonwealth focus their arguments on the definition of a “judicial officer” as it is defined in Code § 19.2-119 and as used in Code § 19.”
Commonwealth of Virginia v. Miquel Sirmir Johnston (Va. Ct. App. 2020).
“”2 1 “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 (§ 19.2-119 et seq.) of Chapter 9 of this title.”
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