A law-enforcement officer may execute within his jurisdiction a warrant, capias or summons issued anywhere in the Commonwealth. A jail officer as defined in § 53.1-1 employed at a regional jail or jail farm may execute upon a person being held in his jail a warrant, capias or summons issued anywhere in the Commonwealth. A warrant or capias shall be executed by the arrest of the accused, and a summons shall be executed by delivering a copy to the accused personally.
If the accused is a corporation, partnership, unincorporated association or legal entity other than an individual, a summons may be executed by service on the entity in the same manner as provided in Title 8.01 for service of process on that entity in a civil proceeding. However, if the summons is served on the entity by delivery to a registered agent or to any other agent who is not an officer, director, managing agent or employee of the entity, such agent shall not be personally subject to penalty for failure to appear as provided in § 19.2-128, nor shall the agent be subject to punishment for contempt for failure to appear under his summons as provided in § 19.2-129.
The law-enforcement officer or jail officer executing a warrant or capias shall endorse the date of execution thereon and make return thereof to a judicial officer. The law-enforcement officer executing a summons shall endorse the date of execution thereon and make return thereof to the court to which the summons is returnable.
Whenever a person is arrested upon a warrant or capias in a county or city other than that in which the charge is to be tried, the law-enforcement officer or jail officer making the arrest shall either (i) bring the accused forthwith before a judicial officer in the locality where the arrest was made or where the charge is to be tried or (ii) commit the accused to the custody of an officer from the county or city where the charge is to be tried who shall bring the accused forthwith before a judicial officer in the county or city in which the charge is to be tried. The judicial officer before whom the accused is brought shall immediately conduct a bail hearing and either admit the accused to bail or commit him to jail for transfer forthwith to the county or city where the charge is to be tried.
Code 1950, §§ 19.1-98, 19.1-99; 1960, c. 366; 1975, c. 495; 1979, c. 661; 1993, c. 431; 1994, c. 933; 1997, c. 10; 1998, c. 615; 2013, c. 207.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
§ 19.2-71. Who may issue process of arrest
§ 19.2-72. When it may issue; what to recite and require
§ 19.2-73. Issuance of summons instead of warrant in certain cases
§ 19.2-73.1. Notice of issuance of warrant or summons; appearance; failure to appear
§ 19.2-73.2. Law-enforcement officers to issue subpoenas; penalty
§ 19.2-75. Copy of process to be left with accused; exception
§ 19.2-76.2. Mailing of summons in certain cases
§ 19.2-76.3. Failure to appear on return date for summons issued under § 19.2-76.2
§ 19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth
§ 19.2-78. Uniform of officer making arrest
§ 19.2-79. Arrest by officers of other states of United States
§ 19.2-80. Duty of arresting officer; bail
§ 19.2-80.1. When arrested person operating motor vehicle; how vehicle removed from scene of arrest
§ 19.2-81. Arrest without warrant authorized in certain cases
§ 19.2-81.1. Arrest without warrant by correctional officers in certain cases
§ 19.2-81.2. Power of correctional officers and designated noncustodial employees to detain
§ 19.2-81.5. Cooperation with a law-enforcement officer
§ 19.2-81.6. Authority of law-enforcement officers to arrest illegal aliens
§ 19.2-82. Procedure upon arrest without warrant
§ 19.2-82.1. Giving false identity to law-enforcement officer; penalty
§ 19.2-83.1. Report of arrest of school employees and adult students for certain offenses
§ 19.2-83.2. Jail officer to ascertain citizenship of inmate