§ 19.2-232. What process to be awarded against accused on indictment, etc
When an indictment or presentment is found or made, or information filed, the court, or the judge thereof, shall award process against the accused to answer the same, if he be not in custody. Such process, if the prosecution be for a felony, shall be a capias; if it be for a misdemeanor, for which imprisonment may be imposed, it may be a capias or summons, in the discretion of the court or judge; in all other cases, it shall be, in the first instance a summons, but if a summons be returned executed and the defendant does not appear, or be returned not found, the court or judge may award a capias. The officer serving the summons or capias shall also serve a copy of the indictment, presentment or information therewith.
(Code 1950, § 19.1-178; 1960, c. 366; 1975, c. 495; 1980, c. 349.)
Sections: Previous 19.2-224 19.2-225 19.2-226 19.2-227 19.2-228 19.2-229 19.2-230 19.2-231 19.2-232 19.2-233 19.2-234 19.2-235 19.2-236 19.2-237 19.2-238 NextLast modified: April 3, 2009