19.2-135 - Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of condition.
§ 19.2-135. Commitment for trial; recognizance; notice to attorney forCommonwealth; remand on violation of condition.
When a judicial officer considers that there is sufficient cause for chargingthe accused or juvenile taken into custody pursuant to § 16.1-246 with afelony, unless it be a case wherein it is otherwise specially provided, thecommitment shall be for trial or hearing. Any recognizance taken of theaccused or juvenile shall be upon the following conditions: (1) that heappear to answer for the offense with which he is charged before the court orjudge before whom the case will be tried at such time as may be stated in therecognizance and at any time or times to which the proceedings may becontinued and before any court or judge thereafter in which proceedings onthe charge are held; (2) that he shall not depart from the Commonwealthunless the judicial officer taking recognizance or a court in a subsequentproceeding specifically waives such requirement; and (3) that he shall keepthe peace and be of good behavior until the case is finally disposed of.Every such recognizance shall also include a waiver such as is required by §49-12 in relation to the bonds therein mentioned and though such waiver benot expressed in the recognizance it shall be deemed to be included thereinin like manner and with the same effect as if it was so expressed. The judgeshall return to the clerk of the court wherein the accused or juvenile is tobe tried, or the case be heard as soon as may be, a certificate of the natureof the offense, showing whether the accused or juvenile was committed to jailor recognized for his appearance; and the clerk, as soon as may be, shallinform the attorney for the Commonwealth of such certificate.
The court may, in its discretion, in the event of a violation of anycondition of a recognizance taken pursuant to this section, remand theprincipal to jail until the case is finally disposed of, and if the principalis remanded to jail, the surety is discharged from liability.
When a recognizance is taken of a witness in a case against an accused orjuvenile, the condition thereof shall be that he appear to give evidence insuch case and that he shall not depart from the Commonwealth without theleave of such court or judge.
(Code 1950, §§ 19.1-125, 19.1-128, 19.1-133; 1960, c. 366; 1968, c. 639;1975, c. 495; 1977, c. 287; 1978, c. 755; 1979, c. 735; 1988, c. 688; 1992,c. 576.)