Virginia statute
Va. Code Ann. § 19.2-80 — Duty of arresting officer; bail
Current through 2026 Regular Session
Part of Chapter 7: Arrest, Code of Virginia.
Full text of Va. Code Ann. § 19.2-80
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
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.
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