{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/19.2-80.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/19.2-80.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/19.2-80.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/19.2-80.html"}],"law_id":351942,"edition_id":2,"section_id":351942,"structure_id":50323,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","history":"Code 1950, \u00a7 19.1-98; 1960, c. 366; 1975, c. 495; 1979, c. 679; 1986, c. 327; 1997, c. 10.","full_text":"In any case in which an officer does not issue a summons pursuant to \u00a7 19.2-74 or \u00a7 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.\n\n","order_by":null,"text":{"0":{"id":1310109,"text":"In any case in which an officer does not issue a summons pursuant to \u00a7 19.2-74 or \u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":50323,"edition_id":2,"name":"Arrest","identifier":"7","label":"chapter","depth":2,"order_by":11,"parent_id":50226,"metadata":{"child_laws":30,"child_structures":0},"date_created":"2026-08-02 02:26:44","date_modified":"2026-08-02 12:30:35","permalink":{"id":1397921,"object_type":"structure","relational_id":50323,"identifier":"7","token":"19.2\/7","url":"\/19.2\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50226,"edition_id":2,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":54,"parent_id":null,"metadata":{"child_laws":771,"child_structures":99},"date_created":"2026-08-02 02:25:04","date_modified":"2026-08-02 12:30:30","permalink":{"id":1395171,"object_type":"structure","relational_id":50226,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":351923,"structure_id":50323,"section_number":"19.2-71","catch_line":"Who may issue process of arrest","url":"\/19.2-71\/","token":"19.2\/7\/19.2-71","metadata":false},{"id":351924,"structure_id":50323,"section_number":"19.2-72","catch_line":"When it may issue; what to recite and require","url":"\/19.2-72\/","token":"19.2\/7\/19.2-72","metadata":false},{"id":351927,"structure_id":50323,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","url":"\/19.2-73\/","token":"19.2\/7\/19.2-73","metadata":false},{"id":351925,"structure_id":50323,"section_number":"19.2-73.1","catch_line":"Notice of issuance of warrant or summons; appearance; failure to appear","url":"\/19.2-73.1\/","token":"19.2\/7\/19.2-73.1","metadata":false},{"id":351926,"structure_id":50323,"section_number":"19.2-73.2","catch_line":"Law-enforcement officers to issue subpoenas; penalty","url":"\/19.2-73.2\/","token":"19.2\/7\/19.2-73.2","metadata":false},{"id":351929,"structure_id":50323,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","url":"\/19.2-74\/","token":"19.2\/7\/19.2-74","metadata":false},{"id":351928,"structure_id":50323,"section_number":"19.2-74.1","catch_line":"Repealed","url":"\/19.2-74.1\/","token":"19.2\/7\/19.2-74.1","metadata":false},{"id":351930,"structure_id":50323,"section_number":"19.2-75","catch_line":"Copy of process to be left with accused; exception","url":"\/19.2-75\/","token":"19.2\/7\/19.2-75","metadata":false},{"id":351934,"structure_id":50323,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","url":"\/19.2-76\/","token":"19.2\/7\/19.2-76","metadata":false},{"id":351931,"structure_id":50323,"section_number":"19.2-76.1","catch_line":"Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal","url":"\/19.2-76.1\/","token":"19.2\/7\/19.2-76.1","metadata":false},{"id":351932,"structure_id":50323,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","url":"\/19.2-76.2\/","token":"19.2\/7\/19.2-76.2","metadata":false},{"id":351933,"structure_id":50323,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","url":"\/19.2-76.3\/","token":"19.2\/7\/19.2-76.3","metadata":false},{"id":351935,"structure_id":50323,"section_number":"19.2-77","catch_line":"Escape, flight and pursuit; arrest anywhere in Commonwealth","url":"\/19.2-77\/","token":"19.2\/7\/19.2-77","metadata":false},{"id":351936,"structure_id":50323,"section_number":"19.2-78","catch_line":"Uniform of officer making arrest","url":"\/19.2-78\/","token":"19.2\/7\/19.2-78","metadata":false},{"id":351937,"structure_id":50323,"section_number":"19.2-79","catch_line":"Arrest by officers of other states of United States","url":"\/19.2-79\/","token":"19.2\/7\/19.2-79","metadata":false},{"id":351942,"structure_id":50323,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","url":"\/19.2-80\/","token":"19.2\/7\/19.2-80","metadata":false},{"id":351940,"structure_id":50323,"section_number":"19.2-80.1","catch_line":"When arrested person operating motor vehicle; how vehicle removed from scene of arrest","url":"\/19.2-80.1\/","token":"19.2\/7\/19.2-80.1","metadata":false},{"id":351941,"structure_id":50323,"section_number":"19.2-80.2","catch_line":"Duty of arresting officer; providing magistrate or court with criminal history information","url":"\/19.2-80.2\/","token":"19.2\/7\/19.2-80.2","metadata":false},{"id":351949,"structure_id":50323,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","url":"\/19.2-81\/","token":"19.2\/7\/19.2-81","metadata":false},{"id":351943,"structure_id":50323,"section_number":"19.2-81.1","catch_line":"Arrest without warrant by correctional officers in certain cases","url":"\/19.2-81.1\/","token":"19.2\/7\/19.2-81.1","metadata":false},{"id":351944,"structure_id":50323,"section_number":"19.2-81.2","catch_line":"Power of correctional officers and designated noncustodial employees to detain","url":"\/19.2-81.2\/","token":"19.2\/7\/19.2-81.2","metadata":false},{"id":351945,"structure_id":50323,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","url":"\/19.2-81.3\/","token":"19.2\/7\/19.2-81.3","metadata":false},{"id":351946,"structure_id":50323,"section_number":"19.2-81.4","catch_line":"Repealed","url":"\/19.2-81.4\/","token":"19.2\/7\/19.2-81.4","metadata":false},{"id":351947,"structure_id":50323,"section_number":"19.2-81.5","catch_line":"Cooperation with a law-enforcement officer","url":"\/19.2-81.5\/","token":"19.2\/7\/19.2-81.5","metadata":false},{"id":351948,"structure_id":50323,"section_number":"19.2-81.6","catch_line":"Authority of law-enforcement officers to arrest illegal aliens","url":"\/19.2-81.6\/","token":"19.2\/7\/19.2-81.6","metadata":false},{"id":351951,"structure_id":50323,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","url":"\/19.2-82\/","token":"19.2\/7\/19.2-82","metadata":false},{"id":351950,"structure_id":50323,"section_number":"19.2-82.1","catch_line":"Giving false identity to law-enforcement officer; penalty","url":"\/19.2-82.1\/","token":"19.2\/7\/19.2-82.1","metadata":false},{"id":351959,"structure_id":50323,"section_number":"19.2-83","catch_line":"Repealed","url":"\/19.2-83\/","token":"19.2\/7\/19.2-83","metadata":false},{"id":351952,"structure_id":50323,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","url":"\/19.2-83.1\/","token":"19.2\/7\/19.2-83.1","metadata":false},{"id":351953,"structure_id":50323,"section_number":"19.2-83.2","catch_line":"Jail officer to ascertain citizenship of inmate","url":"\/19.2-83.2\/","token":"19.2\/7\/19.2-83.2","metadata":false}],"previous_section":{"id":351937,"structure_id":50323,"section_number":"19.2-79","catch_line":"Arrest by officers of other states of United States","url":"\/19.2-79\/","token":"19.2\/7\/19.2-79","metadata":false},"next_section":{"id":351940,"structure_id":50323,"section_number":"19.2-80.1","catch_line":"When arrested person operating motor vehicle; how vehicle removed from scene of arrest","url":"\/19.2-80.1\/","token":"19.2\/7\/19.2-80.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-80\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495; in 1979, chapter 679; in 1986, chapter 327; in 1997, chapter 10<\/a>.<\/p>","references":[{"id":351469,"section_number":"19.2-234","catch_line":"Procedure when person arrested under capias","order_by":null,"url":"\/19.2-234\/"},{"id":351941,"section_number":"19.2-80.2","catch_line":"Duty of arresting officer; providing magistrate or court with criminal history information","order_by":null,"url":"\/19.2-80.2\/"},{"id":361118,"section_number":"37.2-919","catch_line":"Postrelease supervision of Department; commission of new criminal offense by person committed to Department","order_by":null,"url":"\/37.2-919\/"}],"refers_to":[{"id":351929,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","order_by":null,"url":"\/19.2-74\/"},{"id":366396,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","order_by":null,"url":"\/46.2-936\/"}],"permalink":{"id":1397983,"object_type":"law","relational_id":351942,"identifier":"19.2-80","token":"19.2\/7\/19.2-80","url":"\/19.2-80\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/19.2-80\/","token":"19.2\/7\/19.2-80","dublin_core":{"Title":"Duty of arresting officer; bail","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-80","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any case in which an officer does not issue<\/span> a summons<\/span> pursuant to \u00a7 19.2-74<\/a> or \u00a7 46.2-936<\/a>, a law<\/span>-enforcement officer making an arrest<\/span> under a warrant or capias<\/span> shall bring the arrested person without unnecessary delay before a judicial officer. The judicial officer shall immediately conduct a bail<\/span> hearing<\/span> and either admit the accused<\/span> to bail<\/span> or commit him to jail. However, if (i) the accused<\/span> is charged with a misdemeanor<\/span> and is brought before a judge<\/span> of the court<\/span> having jurisdiction<\/span> to try the case and (ii) both the accused<\/span> and the Commonwealth consent, the judge<\/span> may proceed to trial<\/span> instead of conducting a bail<\/span> hearing<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF ARRESTING OFFICER; BAIL (\u00a7 19.2-80)\n\nIn any case in which an officer does not issue a summons pursuant to \u00a7 19.2-74\nor \u00a7 46.2-936, a law-enforcement officer making an arrest under a warrant or\ncapias shall bring the arrested person without unnecessary delay before a\njudicial officer. The judicial officer shall immediately conduct a bail hearing\nand either admit the accused to bail or commit him to jail. However, if (i) the\naccused is charged with a misdemeanor and is brought before a judge of the court\nhaving jurisdiction to try the case and (ii) both the accused and the\nCommonwealth consent, the judge may proceed to trial instead of conducting a\nbail hearing.\n\nHISTORY: Code 1950, \u00a7 19.1-98; 1960, c. 366; 1975, c. 495; 1979, c. 679; 1986,\nc. 327; 1997, c. 10.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}