Code of Virginia - Title 8.01 Civil Remedies And Procedure - Section 8.01-662 Judgment of court or judge trying it; payment of costs and expenses when petition denied

§ 8.01-662. Judgment of court or judge trying it; payment of costs and expenses when petition denied

After hearing the matter both upon the return and any other evidence, the court before whom the petitioner is brought shall either discharge or remand him, or admit him to bail and adjudge the cost of the proceeding, including the charge for transporting the prisoner.

Provided, however, that if the petition is denied, the costs and expenses of the proceeding and the attorney's fees of any attorney appointed to represent the petitioner shall be assessed against the petitioner. If such cost, expenses and fees are collected, they shall be paid to the Commonwealth.

(Code 1950, § 8-603; 1968, c. 482; 1977, c. 617.)

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Last modified: April 2, 2009