A. Any person admitted to bail by a judge or clerk of a district court or by a magistrate shall not be required to be admitted to bail in any subsequent proceeding arising out of the initial arrest unless the court having jurisdiction of such subsequent proceeding deems the initial amount of bond or security taken inadequate. When the court having jurisdiction of the proceeding believes the amount of bond or security inadequate or excessive, it may change the amount of such bond or security, require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring. The court may, after notice to the parties, initiate a proceeding to alter the terms and conditions of bail on its own motion.
B. Any motion to alter the terms and conditions of bail where the initial bail decision is made by a judge or clerk of a district court or by a magistrate on any charge originally pending in that district court shall be filed in that district court unless (i) a bail decision is on appeal, (ii) such charge has been transferred pursuant to § 16.1-269.1 to a circuit court, or (iii) such charge has been certified by a district court.
Code 1950, § 19.1-111.1; 1972, c. 366; 1975, c. 495; 1978, c. 755; 1991, c. 581; 2008, cc. 363, 812; 2019, c. 616.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 9 - Bail and Recognizances
§ 19.2-121. Fixing terms of bail
§ 19.2-124. Appeal from bail, bond, or recognizance order
§ 19.2-125. Release pending appeal from conviction in court not of record
§ 19.2-127. Conditions of release of material witness
§ 19.2-128. Penalties for failure to appear
§ 19.2-129. Power of court to punish for contempt
§ 19.2-130. Bail in subsequent proceeding arising out of initial arrest
§ 19.2-130.1. Bail terms set by court on a capias to be honored by magistrate
§ 19.2-131. Bail for person held in jurisdiction other than that of trial
§ 19.2-132. Motion to increase amount of bond fixed by judicial officer; when bond may be increased
§ 19.2-134. When bail piece to be delivered to accused; form of bail piece
§ 19.2-136. How bonds in recognizances payable; penalty
§ 19.2-137. Order of court on recognizance
§ 19.2-141. How recognizance taken for incapacitated or insane person or one under disability
§ 19.2-142. Where recognizance taken out of court to be sent
§ 19.2-144. Forfeiture of recognizance while in military or naval service
§ 19.2-145. How penalty remitted
§ 19.2-146. Defects in form of recognizance not to defeat action or judgment
§ 19.2-147. Docketing judgment on forfeited recognizance or bond
§ 19.2-148. Surety discharged on payment of amount, etc., into court
§ 19.2-150. Proceeding when surety surrenders principal
§ 19.2-151. Satisfaction and discharge of assault and similar charges
§ 19.2-152. Order discharging recognizance or superseding commitment; judgment for costs
§ 19.2-152.2. Purpose; establishment of pretrial services and services agencies
§ 19.2-152.3. Department of Criminal Justice Services to prescribe standards; biennial plan
§ 19.2-152.4. Mandated services
§ 19.2-152.4:3. Duties and responsibilities of local pretrial services officers
§ 19.2-152.5. Community criminal justice boards