Code of Virginia - Title 19.2 Criminal Procedure - Section 19.2-80 Duty of arresting officer; bail

§ 19.2-80. Duty of arresting officer; bail

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.)

Sections:  Previous  19.2-76  19.2-76.1  19.2-76.2  19.2-76.3  19.2-77  19.2-78  19.2-79  19.2-80  19.2-80.1  19.2-80.2  19.2-81  19.2-81.1  19.2-81.2  19.2-81.3  19.2-81.4  Next

Last modified: April 16, 2009