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 andexpenses when petition denied.
After hearing the matter both upon the return and any other evidence, thecourt before whom the petitioner is brought shall either discharge or remandhim, or admit him to bail and adjudge the cost of the proceeding, includingthe charge for transporting the prisoner.
Provided, however, that if the petition is denied, the costs and expenses ofthe proceeding and the attorney's fees of any attorney appointed to representthe 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.)