Code of Virginia § 19.2-80. Duty of arresting officer; bail.
130 words·~1 min read·
/va/title-19-2/chapter-7/19-2-80·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 .