19.2-336 - Clerk to make up statement of whole cost, and issue execution therefor.

§ 19.2-336. Clerk to make up statement of whole cost, and issue executiontherefor.

In every criminal case the clerk of the circuit court in which the accused isfound guilty or is placed on probation during deferral of the proceedingspursuant to § 16.1-278.8, 16.1-278.9, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-251or 19.2-303.2, or, if the conviction is in a district court, the clerk towhich the judge thereof certifies as aforesaid, shall, as soon as may be,make up a statement of all the expenses incident to the prosecution,including such as are certified under § 19.2-335, and execution for theamount of such expenses shall be issued and proceeded with. Chapter 21 (§19.2-339 et seq.) of this title shall apply thereto in like manner as if, onthe day of completing the statement, there was a judgment in such court infavor of the Commonwealth against the accused for such amount as a fine.However, in any case in which an accused waives trial by jury, at least 10days before trial, but the Commonwealth or the court trying the case refusesto so waive, then the cost of the jury shall not be included in suchstatement or judgment.

(Code 1950, § 19.1-320; 1960, c. 366; 1970, c. 429; 1975, c. 495; 1978, c.716; 1995, c. 485; 2005, c. 631.)