Procedures for Bail and Bail Bond Appeals Pursuant to Virginia Code Section 19.2-124

 

 

 

The following procedures are required upon appeals from district court orders denying bail or fixing terms thereof or terms of recognizance.

 

1. Appellant shall give notice to the Commonwealth’s Attorney and file with the Clerk of this Court, without fee, a petition in substantially the form included hereto as Exhibit A.
2. There shall be attached to the petition:
1. a copy of the warrant of arrest
2. a copy of the Commitment to Jail, Form DC-352
3. a copy of the district court order appealed from s recorded on the reverse side of the warrant or on the record of proceedings.
3. The Attorney for the Commonwealth shall provide the Court with agreeable dates for hearing.
4. A representative of the Commonwealth Attorney’s Office shall appear at such hearing prepared to advise the court of the following:
1. Prior record of the accused
2. Pending charges against accused
3. Other legal restraint of accused
4. Circumstances of arrest of accused
5. Defendant shall be present unless his/her presence is deemed by the judge to be impractical
6. An appropriate Order of disposition shall be entered in substantially the form included as Exhibit B, and certified copies thereof furnished forthwith to the appropriate district court and to the Sheriff of the City of Norfolk.

 

VIRGINIA:

      IN THE CIRCUIT COURT OF THE CITY OF NORFOLK

 

      On the _____________day of _________________, 20___________.

 

 

COMMONWEALTH OF VIRGINIA

 

Vs.

____________________________________________

 

                                                                              Docket No.____________________

 

PETITION ON APPEAL

From Order Denying Bail or Fixing the Terms thereof or Terms of Recognizance

 

      COMES NOW, the defendant, by counsel, and moves this Honorable Court to review the previous actions of the General District/Juvenile and Domestic Relations District Court and fix reasonable bail and terms of recognizance; and in support of this Petition represents to the Court as follows:

 

1. That on ____________________ the defendant was arrested on the following charges__________________________________________________________________________________________.  Attached hereto is a copy of the arrest warrant in this case.
2. That the Magistrate committed the defendant to jail at _____________ on _____________________.  Attached hereto is an attest of the copy of the COMMITMENT TO JAIL Form DC-352.
3. That this appeal is taken pursuant to Virginia Code Section 19.2-124 from an order of General District/Juvenile & Domestic Relations District Court on_______________________, as shown on the copy of the reverse side of the arrest warrant, or in the case of a juvenile, the record of proceedings, also attached hereto.

 

CERTIFICATION

I hereby certify that a true copy of the foregoing was delivered to ______________________________, Assistant Commonwealth’s Attorney, 800 East City Hall Avenue, Suite 600, Norfolk VA, 23510, this ______________ day of ___________________, 20_________.

 

                                                            _______________________________p.d.

 

 

 

 

VIRGINIA:

      IN THE CIRCUIT COURT OF THE CITY OF NORFOLK

 

      On the _____________day of _________________, 20___________.

 

 

COMMONWEALTH OF VIRGINIA

 

Vs.

____________________________________________

 

 

ORDER ON APPEAL

Of Bail or Bail Bond

 

 

      This day came the Attorney for the defendant, ____________________________, and the Attorney for the Commonwealth/

      Upon mature consideration of the aforesaid appeal the Court now ORDERS that the bail and terms of recognizance for the defendant be fixed as follows:________________________________________________________________________________________________________________________________________________________________________________________________________

returnable__________________________________.

      Let the Clerk of this Court certify a copy of this Order to the appropriate district court, the Attorney for the Commonwealth, the Attorney for the defendant, and to the Sheriff of the City of Norfolk.

 

 

                                                      ____________________________________

                                                      Judge