eLaws | eCases | Code of Virginia | Virginia Administrative Code | Virginia Courts | Counties & Cities of Virginia | Code of Federal Regulations | United States Code |
 Botetourt County
 Code of Ordinances
 Chapter 1. GENERAL PROVISIONS

  § 1-12. Arrest procedures.  

Latest version.

  • (a)

    Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer's presence, which offense is a violation of any county ordinance or of any provision of this Code punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor for which he may receive a jail sentence, except as otherwise provided in title 46.1 or section 18.2-266 of the Code of Virginia, or an arrest on a warrant charging an offense for which a summons may be issued, and when specifically authorized by the judicial officer issuing the warrant, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. Anything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons issued under the provisions of this subsection, or if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, a magistrate or other issuing authority having jurisdiction shall proceed according to the provisions of section 19.2-82 of the Code of Virginia.

    (b)

    Whenever any person is detained by or is in the custody of an arresting officer for a violation of any county ordinance or of any provision of this Code punishable as a Class 3 or Class 4 misdemeanor or any other misdemeanor in which he cannot receive a jail sentence, except as otherwise provided in title 46.1 of the Code of Virginia, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving of such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall refuse to discontinue the unlawful act, the officer may proceed according to the provisions of section 19.2-82 of the Code of Virginia.

    (c)

    Any person summoned pursuant to this section shall not be held in custody after the issuance of such summons for the purpose of complying with the requirements of chapter 23, title 19.2 (§ 19.2-387 et seq.) of the Code of Virginia. Reports to the central criminal records exchange concerning such person shall be made after a disposition of guilt is entered as provided for in section 19.2-390 of the Code of Virginia.

    (d)

    Any person refusing to give a written promise to appear under the provisions of this section shall be taken immediately by the arresting or other police officer before a magistrate or other issuing authority having jurisdiction, who shall proceed according to the provisions of section 19.2-82 of the Code of Virginia.

    (e)

    Any person who wilfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of section 19.2-128 of the Code of Virginia, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.

    (f)

    The summons used by a law enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to section 46.1-416.1 of the Code of Virginia.

    (Code 1977, § 1-7)

    State Law reference— Similar provisions, Code of Virginia, § 19.2-74.

(Code 1977, § 1-7)

State law reference

Similar provisions, Code of Virginia, § 19.2-74.