Virginia Code

Va. Code Ann. § 19.2-25 (2026)

Power of court on appeal

✓ current as of May 2026

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The court may dismiss the complaint or affirm the judgment, and make what order it sees fit as to the costs. If it award costs against the appellant, the recognizance which he may have given shall stand as security therefor. When there is a failure to prosecute the appeal, such recognizance shall remain in force, although there be no order of affirmance. On any appeal the court may require of the appellant a new recognizance if it see fit.

Any person committed to jail under this chapter may be discharged by the circuit court of the county or city on such terms as it may deem reasonable.

Code 1950, §§ 19.1-24, 19.1-25; 1960, c. 366; 1975, c. 495.

Notes of Decisions

Cited in 2 cases, 1988–2005 · leading case: White v. Commonwealth, 616 S.E.2d 49 (Va. Ct. App. 2005).

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White v. Commonwealth, 616 S.E.2d 49 (Va. Ct. App. 2005). · cites it 4× “NOTES [1] In granting the appeal, we directed the parties to address the impact of a conditional plea of nolo contendere under Code § 19.2-25. The Commonwealth maintained the position it took at trial that the statute permits a conditional plea of nolo contendere.”

Wood v. Bd. of Sup'rs of Halifax Cnty., 372 S.E.2d 611 (Va. 1988). · cites it 2× “*108 Also on July 26, 1984, the Circuit Court of Halifax County granted Wood’s motion for a change of venue of the criminal cases pursuant to Code § 19.2-25. Venue was changed to the Circuit Court of Hanover County, which ruled that Wood was entitled to four separate trials with…”

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