In any case in which an officer does not issue a summons pursuant to § 19.2-74 or § 46.2-936, a law-enforcement officer making an arrest under a warrant or capias shall bring the arrested person without unnecessary delay before a judicial officer. The judicial officer shall immediately conduct a bail hearing and either admit the accused to bail or commit him to jail. However, if (i) the accused is charged with a misdemeanor and is brought before a judge of the court having jurisdiction to try the case and (ii) both the accused and the Commonwealth consent, the judge may proceed to trial instead of conducting a bail hearing.
Code 1950, § 19.1-98; 1960, c. 366; 1975, c. 495; 1979, c. 679; 1986, c. 327; 1997, c. 10.
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