A. If the amount of any bond fixed by a judicial officer is subsequently deemed insufficient, or the security taken inadequate, or if it appears that bail should have been denied or that the person has violated a term or condition of his release, or has been convicted of or arrested for a felony or misdemeanor, the attorney for the Commonwealth of the county or city in which the person is held for trial may, on reasonable notice to the person and, if such person has been admitted to bail, to any surety on the bond of such person, move the appropriate judicial officer to increase the amount of such bond or to revoke bail. The court may grant such motion and may require new or additional sureties therefor, or both, or revoke bail. Any surety in a bond for the appearance of such person may take from his principal collateral or other security to indemnify such surety against liability. The failure to notify the surety will not prohibit the court from proceeding with the bond hearing.
The court ordering any increase in the amount of such bond, ordering new or additional sureties, or both, or revoking such bail may, upon appeal, and for good cause shown, stay execution of such order for so long as reasonably practicable for such person to obtain an expedited hearing before the court to which such order has been appealed.
B. Any motion filed pursuant to subsection A 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, § 19.1-120; 1960, c. 366; 1975, c. 495; 1978, c. 755; 1989, c. 519; 1991, c. 581; 1999, cc. 829, 846; 2010, cc. 404, 592; 2013, cc. 408, 474; 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