The Attorney General may join in a petition for a writ of actual innocence made pursuant to § 19.2-327.10. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto and the Attorney General's answer with the circuit court that entered the felony conviction or adjudication of delinquency and move the court for a hearing to consider release of the person on bail pursuant to Chapter 9 (§ 19.2-119 et seq.). Upon hearing and for good cause shown, the court may order the person released from custody subject to the terms and conditions of bail so established, pending a ruling by the Court of Appeals on the writ under § 19.2-327.13.
2015, c. 66; 2020, cc. 993, 994.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence
§ 19.2-327.10. Issuance of writ of actual innocence based on nonbiological evidence
§ 19.2-327.12. Determination by Court of Appeals for findings of fact by the circuit court