This law section outlines procedures for bail pending pretrial appeals in Virginia, including hearings to determine bail, review processes by the Supreme Court, and the finality of Court of Appeals decisions. It specifies timelines, the burden of proof, and the circumstances under which appeals can be expedited or concluded.
The trial court must hold a hearing within three days of the Commonwealth's notice of appeal to decide on bail, and the burden is on the Commonwealth to justify keeping bail high or denying release.
Yes, the Supreme Court may certify an appeal for expedited review if certain conditions are met, allowing faster resolution before the Court of Appeals decides.
Yes, the Court of Appeals' decision is final for pretrial appeals, and no further appeal to the Supreme Court is permitted.
The Supreme Court considers whether specific conditions outlined in § 17.1-409 exist, which justify expedited review of the appeal.