In any felony or misdemeanor case wherein the judge of the circuit court, from the affidavit of the defendant or any other evidence certifies that the defendant is financially unable to pay his attorneys' fees, costs and expenses incident to an appeal, the court to which an appeal is taken shall order the payment of such attorneys' fees in an amount not less than $300, costs or necessary expenses of such attorneys in an amount deemed reasonable by the court, by the Commonwealth out of the appropriation for criminal charges. If the conviction is upheld on appeal, the attorney's fees, costs and necessary expenses of such attorney paid by the Commonwealth under the provisions hereof shall be assessed against the defendant.
Code 1950, § 17-30.2; 1962, c. 419; 1964, c. 651; 1975, c. 495; 1980, c. 626; 1984, c. 703.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 19 - Exceptions and Writs of Error
§ 19.2-318. Appeal on writ of error to judgment for contempt
§ 19.2-319. When execution of sentence to be suspended; bail; appeal from denial
§ 19.2-320. Petitioner for writ of error to comply with Rules of Court
§ 19.2-321. With whom petition for writ of error filed
§ 19.2-321.1. Motion in the Court of Appeals for delayed appeal in criminal cases
§ 19.2-321.2. Motion in the Supreme Court for delayed appeal in criminal cases
§ 19.2-322.1. Suspension of execution of judgment on appeal
§ 19.2-323. Denial by judge or justice no bar to allowance by Court
§ 19.2-324. Decision of appellate court
§ 19.2-324.1. Erroneously admitted evidence; appeal
§ 19.2-326. Payment of expenses of appeals of indigent defendants
§ 19.2-327. How judgment of appellate court certified and entered