Whenever: (1) any person within this Commonwealth shall be charged on the oath of any credible person before any judge, magistrate or other officer authorized to issue criminal warrants in this Commonwealth with the commission of any crime in any other state and, except in cases arising under § 19.2-91, (a) with having fled from justice, (b) with having been convicted of a crime in that state and of having escaped from confinement, or (c) of having broken the terms of his bail, probation, or parole, or (2) complaint shall have been made before any such judge, magistrate or other officer in this Commonwealth setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 19.2-91, (a) has fled from justice, (b) having been convicted of a crime in that state has escaped from confinement, or (c) broken the terms of his bail, probation or parole, and that the accused is believed to be in this Commonwealth, such judge, magistrate or other officer shall issue a warrant directed to any sheriff or to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this Commonwealth, and to bring him before any judge who may be available in or convenient of access to the place where the arrest may be made, to answer the charge of complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Code 1950, § 19.1-63; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 8 - Extradition of Criminals
§ 19.2-84. Governor to surrender on requisition of President
§ 19.2-86. Fugitives from justice; duty of Governor
§ 19.2-88. Governor may investigate case
§ 19.2-89. Extradition of persons imprisoned or awaiting trial in another state
§ 19.2-90. Extradition of persons who have left demanding state involuntarily
§ 19.2-91. Extradition of persons not in demanding state at time of commission of crime
§ 19.2-92. Issuance of Governor's warrant of arrest; its recitals
§ 19.2-93. Manner and place of execution of warrant
§ 19.2-94. Assistance to arresting officer
§ 19.2-95. Rights of accused persons; application for writ of habeas corpus
§ 19.2-96. Penalty for noncompliance with preceding section
§ 19.2-97. Confinement in jail when necessary
§ 19.2-98. Same; for prisoners being taken through Commonwealth
§ 19.2-99. Arrest prior to requisition
§ 19.2-100. Arrest without warrant
§ 19.2-101. Confinement to await requisition; bail
§ 19.2-102. In what cases bail allowed; conditions of bond
§ 19.2-103. Discharge, recommitment or renewal of bail
§ 19.2-104. Forfeiture of bail
§ 19.2-105. Persons under criminal prosecution in this Commonwealth at time of requisition
§ 19.2-106. When guilt or innocence of accused inquired into
§ 19.2-107. Governor may recall warrant or issue alias
§ 19.2-108. Fugitives from this Commonwealth; duty of Governor
§ 19.2-109. Application for requisition for return of person charged with crime
§ 19.2-110. Application for requisition for return of escaped convict, etc.
§ 19.2-111. Form of such applications; copies, etc.
§ 19.2-112. Costs and expenses of extradition
§ 19.2-113. Immunity from service of process in certain civil actions
§ 19.2-114. Written waiver of extradition proceedings
§ 19.2-115. Nonwaiver by this Commonwealth