If a person sentenced by a circuit court to confinement in the state correctional facility indicates an intention to apply for a writ of error, the circuit court shall postpone the execution of such sentence for such time as it may deem proper.
In any other criminal case wherein judgment is given by any circuit court to which a writ of error lies, and in any case of judgment for any civil or criminal contempt, from which an appeal may be taken or to which a writ of error lies, the circuit court giving such judgment may postpone the execution thereof for such time and on such terms as it deems proper.
In any case after conviction if the sentence, or the execution thereof, is suspended in accordance with this section, or for any other cause, the circuit court, or the judge thereof, may, and in any case of a misdemeanor shall, set bail in such penalty and for appearance at such time as the nature of the case may require, provided that if the conviction was for a violent felony as defined in § 19.2-297.1 and the defendant was sentenced to serve a period of incarceration not subject to suspension, then the circuit court shall presume, subject to rebuttal, that no condition or combination of conditions of bail will reasonably assure the appearance of the convicted person or the safety of the public.
In any case in which the circuit court denies bail, the reason for such denial shall be stated on the record of the case. A writ of error from the Court of Appeals shall lie to any such judgment refusing bail or requiring excessive bail. Upon review by the Court of Appeals, if the decision by the trial court to deny bail is overruled, the Court of Appeals shall either set bail or remand the matter to circuit court for such further action regarding bail as the Court of Appeals directs.
Code 1950, § 19.1-281; 1960, c. 366; 1975, c. 495; 1979, c. 649; 1984, c. 703; 1987, c. 175; 1988, c. 524; 1999, c. 821; 2008, cc. 126, 146; 2021, Sp. Sess. I, cc. 344, 345; 2025, c. 305.
Notes of Decisions
Cited in
45
cases (
9 in the last 5 years), 1982–2024 · leading case:
Askew v. Commonwealth, 638 S.E.2d 118 (Va. Ct. App. 2006).
Askew v. Commonwealth, 638 S.E.2d 118 (Va. Ct. App. 2006).
· cites it 44× “2, Askew was sentenced on July 27, 2005 to three years imprisonment, with *130 one year suspended.”
Commonwealth v. Smith, 337 S.E.2d 278 (Va. 1985).
· cites it 24× “Finally, Code § 19.2-319 does not preclude the Commonwealth's appeal in this proceeding.”
Bowling v. Commonwealth, 654 S.E.2d 354 (Va. Ct. App. 2007).
· cites it 5× “” 3 Thus, relying on the current statutory language, Bowling concludes that the statute does not apply to him, as he was not released pursuant to Code § 19.2-319 when he failed to appear for sentencing.”
Scialdone v. Com., 689 S.E.2d 716 (Va. 2010).
· cites it 4× “" For these reasons, they maintained that the alleged contempt was not susceptible to a summary proceeding and therefore requested the circuit court to postpone execution of the sentences pursuant to Code § 19.2-319. On July 19, because the circuit court had not ruled on their…”
Alisha Renee Merritt v. Commonwealth of Virginia, 820 S.E.2d 379 (Va. Ct. App. 2018).
· cites it 4× “2-128(C) also criminalize a willful failure to appear when required after a court, pursuant to Code § 19.2-319, has suspended execution of a sentence while the underlying conviction is on appeal.”
Grant v. Commonwealth, 292 S.E.2d 348 (Va. 1982).
· cites it 4× “He claims the trial court erred by failing to grant defendant’s motion, made under Code § 19.2-319, * that the execution of his two-year sentence be postponed pending this appeal.”
Strohecker v. Commonwealth, 475 S.E.2d 844 (Va. Ct. App. 1996).
· cites it 8× “Suspension of Sentence and Bond On August 3, 1992, appellant filed a motion requesting that “the [trial c]ourt set bond for [appellant’s] release from confinement pending action by the Court of Appeals on his appeal, or that the execution of the sentence be postponed pending…”
Corbin v. Commonwealth, 604 S.E.2d 111 (Va. Ct. App. 2004).
· cites it 6× “*204 SUSPENSION OF OPERATOR’S LICENSE Appellant contends Code § 19.2-319, 3 which, in part, gives the trial court the discretion to postpone the execution of the judgment pending appeal, supports his position that the trial court must also suspend the suspension of his…”
Jenkins v. Mehra, 704 S.E.2d 577 (Va. 2011).
· cites it 3× “) In addition, as noted by Jenkins, Code § 19.2-319 utilizes the same phrase in authorizing a court to postpone execution of a "judgment for any civil or criminal contempt.”
Dowell v. Commonwealth, 367 S.E.2d 742 (Va. Ct. App. 1988).
· cites it 6× “Code § 19.2-319 is the statutory basis upon which the trial court entertains requests for the granting of post-conviction bail.”
Scialdone v. Commonwealth, 670 S.E.2d 752 (Va. Ct. App. 2009).
· cites it 14× “Appellants appealed the trial court's Code § 19.2-319 ruling and eventually secured from the Virginia Supreme Court an order staying execution of the sentences pending appeal.”
Johnson, Ronald v. Commonwealth, 793 S.E.2d 321 (Va. 2016).
“For example, it could have said "[a]ny person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required shall be guilty of a Class 6 felony for…”
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