§ 8.01-662 Judgment of court or judge trying it; payment of costs and expenses when petition denied

Codes > Code of Virginia > Title 8.01 > Chapter 25 : Article 3 > 8.01-662 Judgment

§ 8.01-662. Judgment of court or judge trying it; payment of costs and expenses when petition denied

    After hearing the matter both upon the return and any other evidence, the court before whom the petitioner is brought shall either discharge or remand him, or admit him to bail and adjudge the cost of the proceeding, including the charge for transporting the prisoner.

    Provided, however, that if the petition is denied, the costs and expenses of the proceeding and the attorney's fees of any attorney appointed to represent the petitioner shall be assessed against the petitioner. If such cost, expenses and fees are collected, they shall be paid to the Commonwealth.