Code of Virginia - Title 19.2 Criminal Procedure - Section 19.2-158 When person not free on bail shall be informed of right to counsel and amount of bail

§ 19.2-158. When person not free on bail shall be informed of right to counsel and amount of bail

Every person charged with an offense described in § 19.2-157, who is not free on bail or otherwise, shall be brought before the judge of a court not of record, unless the circuit court issues process commanding the presence of the person, in which case the person shall be brought before the circuit court, on the first day on which such court sits after the person is charged, at which time the judge shall inform the accused of the amount of his bail and his right to counsel. The court shall also hear and consider motions by the person or Commonwealth relating to bail or conditions of release pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title. If the court not of record sits on a day prior to the scheduled sitting of the court which issued process, the person shall be brought before the court not of record.

No hearing on the charges against the accused shall be had until the foregoing conditions have been complied with, and the accused shall be allowed a reasonable opportunity to employ counsel of his own choice, or, if appropriate, the statement of indigence provided for in § 19.2-159 may be executed.

(Code 1950, §§ 19.1-241.2, 19.1-241.8; 1964, c. 657; 1966, c. 460; 1973, c. 316; 1975, c. 495; 1998, c. 773; 1999, cc. 829, 846.)

Sections:  Previous  19.2-153  19.2-154  19.2-155  19.2-156  19.2-157  19.2-158  19.2-159  19.2-159.1  19.2-160  19.2-161  19.2-162  19.2-163  19.2-163.01  19.2-163.01:1  19.2-163.02  Next

Last modified: April 16, 2009