When a judicial officer considers that there is sufficient cause for charging the accused or juvenile taken into custody pursuant to § 16.1-246 with a felony, unless it be a case wherein it is otherwise specially provided, the commitment shall be for trial or hearing. Any recognizance taken of the accused or juvenile shall be upon the following conditions: (1) that he appear to answer for the offense with which he is charged before the court or judge before whom the case will be tried at such time as may be stated in the recognizance and at any time or times to which the proceedings may be continued and before any court or judge thereafter in which proceedings on the charge are held; (2) that he shall not depart from the Commonwealth unless the judicial officer taking recognizance or a court in a subsequent proceeding specifically waives such requirement; and (3) that he shall keep the peace and be of good behavior until the case is finally disposed of. Every such recognizance shall also include a waiver such as is required by § 49-12 in relation to the bonds therein mentioned and though such waiver be not expressed in the recognizance it shall be deemed to be included therein in like manner and with the same effect as if it was so expressed. The judge shall return to the clerk of the court wherein the accused or juvenile is to be tried, or the case be heard as soon as may be, a certificate of the nature of the offense, showing whether the accused or juvenile was committed to jail or recognized for his appearance; and the clerk, as soon as may be, shall inform the attorney for the Commonwealth of such certificate.
The court may, in its discretion, in the event of a violation of any condition of a recognizance taken pursuant to this section, remand the principal to jail until the case is finally disposed of, and if the principal is remanded to jail, the surety is discharged from liability.
When a recognizance is taken of a witness in a case against an accused or juvenile, the condition thereof shall be that he appear to give evidence in such case and that he shall not depart from the Commonwealth without the leave of such court or judge.
Code 1950, §§ 19.1-125, 19.1-128, 19.1-133; 1960, c. 366; 1968, c. 639; 1975, c. 495; 1977, c. 287; 1978, c. 755; 1979, c. 735; 1988, c. 688; 1992, c. 576.
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