A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.
If the initial bail decision on a charge brought by a warrant or district court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the district court in which the case is pending.
If the initial bail decision on a charge brought by direct indictment or presentment or circuit court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the circuit court in which the case is pending.
If the appeal of an initial bail decision is taken on any charge originally pending in a district court after that charge has been appealed, certified, or transferred to a circuit court, the person shall first appeal to the circuit court in which the case is pending.
Any bail decision made by a judge of a court may be appealed successively by the person to the next higher court, up to and including the Supreme Court of Virginia, where permitted by law.
The bail decision of the higher court on such appeal, unless the higher court orders otherwise, shall be remanded to the court in which the case is pending for enforcement and modification. The court in which the case is pending shall not modify the bail decision of the higher court, except upon a change in the circumstances subsequent to the decision of the higher court.
B. The attorney for the Commonwealth may appeal a bail, bond, or recognizance decision to the same court to which the accused person is required to appeal under subsection A.
C. The court granting or denying such bail may, upon appeal thereof, and for good cause shown, stay execution of such order for so long as reasonably practicable for the party to obtain an expedited hearing before the next higher court.
No such stay under this subsection may be granted after any person who has been granted bail has been released from custody on such bail.
D. No filing or service fees shall be assessed or collected for any appeal taken pursuant to this section.
Code 1950, §§ 19.1-109.3, 19.1-112; 1960, c. 366; 1973, cc. 130, 485; 1975, c. 495; 1978, c. 755; 1984, c. 703; 1991, c. 581; 1999, cc. 829, 846; 2007, cc. 462, 549; 2010, cc. 404, 592; 2013, cc. 408, 474; 2016, c. 621; 2019, c. 616; 2021, Sp. Sess. I, c. 337.
Notes of Decisions
Cited in
22
cases (
12 in the last 5 years), 1984–2026 · leading case:
Dorsey v. Commonwealth, 526 S.E.2d 787 (Va. Ct. App. 2000).
Dorsey v. Commonwealth, 526 S.E.2d 787 (Va. Ct. App. 2000).
· cites it 32× “See Code § 19.2-124 (allowing the right to appeal a denial of bail).”
Commonwealth v. Smith, 337 S.E.2d 278 (Va. 1985).
· cites it 8× “01-626, and "it appears" that an individual judge may be authorized to review pretrial bail, see Code § 19.2-124. Nevertheless, he contends, one judge lacks authority to decide the merits of an appeal regarding post-conviction bail; such judge only has authority in such a case…”
Pulliam v. Allen, 466 U.S. 522 (1984).
· cites it 2× “Virginia provides, for instance, for appellate review of orders denying bail or requiring excessive bail, see Va. Code § 19.2-124 (1983), and for state habeas corpus relief from unlawful detention, see Va.”
Jud. Inquiry & Review Com'n of Va v. Taylor, 685 S.E.2d 51 (Va. 2009).
· cites it 9× “" Judge Taylor continued, "[s]o for whatever reason, juveniles, I believe, are treated separately," as she believed Code §§ 19.2-124 and 19.2-319 are inapplicable to juvenile detention.”
Commonwealth of Virginia v. Devin Denny (Va. Ct. App. 2022).
· cites it 16× “19 An appeal de novo “means that the appeal shall be tried ‘anew, afresh, over 17 The right to appeal bail decisions pursuant to Code § 19.2-124 includes decisions on motions to revoke bail.”
Vaughter (W.D. Va. 2026).
· cites it 5× “” Va. Code § 19.2-124. As the appellate court explained in Dorsey, a decision revoking bail has “the same effect as a denial of bail and bec[omes] appealable at that time.”
Abdussalaam v. The State of Virginia (W.D. Va. 2025).
· cites it 3× “” Va. Code § 19.2-124. Because Abdussalaam did not pursue the available state appeals, he failed to exhaust his remedies.”
David Evan Brown v. Commonwealth of Virginia (Va. Ct. App. 2001).
· cites it 4× “601 (1973); Code § 19.2-124. 2 For the foregoing reasons, we conclude that appellant falls within the general rule that one who attacks the 5.”
Commonwealth of Virginia v. Oliver Wade (Va. Ct. App. 2019).
· cites it 2× “Pursuant to Code §§ 19.2-124(B) and 19.2-398(B) the Commonwealth appeals the decision of the Circuit Court for the City of Hampton granting Oliver Wade (“appellee”) bail.”
Commonwealth of Virginia v. Malachi Morgan Thomas (Va. Ct. App. 2021).
· cites it 2× “For these reasons, we reverse the circuit court’s order granting Thomas pre-trial bail and remand this case to the circuit court for “enforcement” of our judgment in this case as directed by Code § 19.2-124(A). -9- III. CONCLUSION Accordingly, the judgment reflected by the order…”
Commonwealth of Virginia v. Clark Devell Watson (Va. Ct. App. 2021).
· cites it 2× “CONCLUSION For the reasons above, we reverse the circuit court’s order granting Watson pre-trial bail and remand this case to the trial court for further proceedings consistent with this opinion and as directed by Code § 19.2-124(A). See id. Reversed and remanded.”
— Va. Code Ann. § 19.2-124(A) — 5 cases
Jud. Inquiry & Review Com'n of Va v. Taylor, 685 S.E.2d 51 (Va. 2009).
“" Judge Taylor continued, "[s]o for whatever reason, juveniles, I believe, are treated separately," as she believed Code §§ 19.2-124 and 19.2-319 are inapplicable to juvenile detention.”
Commonwealth of Virginia v. Malachi Morgan Thomas (Va. Ct. App. 2021).
“For these reasons, we reverse the circuit court’s order granting Thomas pre-trial bail and remand this case to the circuit court for “enforcement” of our judgment in this case as directed by Code § 19.2-124(A). -9- III. CONCLUSION Accordingly, the judgment reflected by the order…”
Commonwealth of Virginia v. Clark Devell Watson (Va. Ct. App. 2021).
“CONCLUSION For the reasons above, we reverse the circuit court’s order granting Watson pre-trial bail and remand this case to the trial court for further proceedings consistent with this opinion and as directed by Code § 19.2-124(A). See id. Reversed and remanded.”
Commonwealth of Virginia v. Devin Denny (Va. Ct. App. 2022).
“19 An appeal de novo “means that the appeal shall be tried ‘anew, afresh, over 17 The right to appeal bail decisions pursuant to Code § 19.2-124 includes decisions on motions to revoke bail.”
— Va. Code Ann. § 19.2-124(B) — 3 cases
Commonwealth of Virginia v. Devin Denny (Va. Ct. App. 2022).
“19 An appeal de novo “means that the appeal shall be tried ‘anew, afresh, over 17 The right to appeal bail decisions pursuant to Code § 19.2-124 includes decisions on motions to revoke bail.”
Commonwealth of Virginia v. Oliver Wade (Va. Ct. App. 2019).
“Pursuant to Code §§ 19.2-124(B) and 19.2-398(B) the Commonwealth appeals the decision of the Circuit Court for the City of Hampton granting Oliver Wade (“appellee”) bail.”
— Va. Code Ann. § 19.2-124(C) — 1 case
Commonwealth of Virginia v. Devin Denny (Va. Ct. App. 2022).
“19 An appeal de novo “means that the appeal shall be tried ‘anew, afresh, over 17 The right to appeal bail decisions pursuant to Code § 19.2-124 includes decisions on motions to revoke bail.”
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