As of July 1, 2025, an important change to Virginia Code § 16.1-135 limits a judge’s ability to impose stricter bond conditions on someone who appeals their conviction from district court to circuit court. Previously, even if you had been released pretrial on a simple summons or an unsecured bond, a judge could impose a new, more restrictive bond when you chose to appeal. That is no longer allowed.
Here’s what you need to know about this update.
What is the Law Now?
Under the updated statute, an individual who has been convicted in district court and appeals the conviction must be given credit for any bond already posted, and most importantly, the judge cannot require a new bond for release pending appeal.
So even after a conviction and sentencing, if you appeal, you remain on the original bond terms set by the magistrate or officer, not the new terms set by the trial judge, regardless of the facts revealed at trial.
Why Does This Matter?
This new law safeguards individuals from facing unexpectedly harsher bond conditions following a conviction.
For example, consider a scenario where you are charged with reckless driving for traveling 100/55. When the summons was issued, the officer allowed you to leave without being arrested and without requiring a secured bond.
Before this new law, if you proceeded to trial and were found guilty, the judge could impose typical reckless driving consequences, as well as a different bond for your appeal. An appeal bond would be conditions of your continued release from custody until your appeal trial date. Meaning, the judge could set your appeal bond at $2,500 secured, with conditions that you are not able to drive or leave the state of Virginia. In this case, you would have to post 10% of the $2,500 bond, and abide by the other conditions (no driving, stay in Virginia). If you could not meet all of the outlined conditions, you would then be in violation of your bond and would be taken into custody.
Under the amended § 16.1-135, that scenario will no longer occur. If you were released before your district court date and then appeal your conviction, you will remain out of custody without additional resections.
Does This Apply to Traffic Offenses Too?
Yes. The statute uses broad, inclusive language and says, “a person who has been convicted of an offense in a district court.”. That means it applies to DUI, reckless driving, suspended license, and other serious traffic offenses, just like it does for all other misdemeanors.
What About the Paperwork?
Once you note your appeal and the 10-day window under § 16.1-133 has passed, the district court is required to promptly transfer the case file to circuit court. That ensures your appeal proceeds without unnecessary delay.
If you’re considering an appeal, understanding this new law can help you navigate the process with greater confidence. Remember, the law now safeguards your right to maintain the same bond conditions during your appeal, preventing unexpected setbacks. At Driving Defense Law, we’re here to guide clients through every stage of the traffic and criminal defense process, from the initial charge all the way through appeal. If you have been convicted in district court and are thinking about appealing, call us at 757-929-0335 to get started with an aggressive defense.
