Virginia Code 19.2-327.10:1: Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing
The Attorney General may join in a petition for a writ of actual innocence made pursuant to § 19.2-327.10 after providing written notice of such intent to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto and the Attorney General’s answer with the circuit court that entered the felony conviction or adjudication of delinquency and move the court for a hearing to consider release of the person on bail pursuant to Chapter 9 (§ 19.2-119 et seq.). Upon hearing and for good cause shown, the court may order the person released from custody subject to the terms and conditions of bail so established, pending a ruling by the Court of Appeals on the writ under § 19.2-327.13.
Terms Used In Virginia Code 19.2-327.10:1
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.