{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-280.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-280.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-280.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-280.html"}],"law_id":83751,"edition_id":1,"section_id":83751,"structure_id":13880,"section_number":"17.1-280","catch_line":"What costs chargeable against prosecutor","history":"Code 1950, \u00a7 14-140; 1960, c. 369; 1964, c. 386, \u00a7 14.1-131; 1998, c. 872.","full_text":"If any warrant of arrest for a misdemeanor or felony, or any search warrant, is issued or procured at the instance of a prosecutor, other than a public officer charged with the enforcement of the laws, and the warrant is dismissed or the accused discharged from the charge or charges, the judge before whom the proceeding is held may give judgment against the prosecutor in favor of the accused for his costs. If the judge believes from the evidence that the warrant was procured by the prosecutor through malice or without reasonable and probable cause, the judge shall grant judgment in favor of the accused for his costs.","order_by":null,"text":{"0":{"id":300233,"text":"If any warrant of arrest for a misdemeanor or felony, or any search warrant, is issued or procured at the instance of a prosecutor, other than a public officer charged with the enforcement of the laws, and the warrant is dismissed or the accused discharged from the charge or charges, the judge before whom the proceeding is held may give judgment against the prosecutor in favor of the accused for his costs. If the judge believes from the evidence that the warrant was procured by the prosecutor through malice or without reasonable and probable cause, the judge shall grant judgment in favor of the accused for his costs.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13880,"edition_id":1,"name":"Fees","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13472,"metadata":{},"date_created":"2026-06-26 03:46:09","date_modified":"2026-06-26 03:46:09","permalink":{"id":163289,"object_type":"structure","relational_id":13880,"identifier":"7","token":"17.1\/2\/7","url":"\/17.1\/2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13472,"edition_id":1,"name":"Clerks, Clerks' Offices and Records","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":162961,"object_type":"structure","relational_id":13472,"identifier":"2","token":"17.1\/2","url":"\/17.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83818,"structure_id":13880,"section_number":"17.1-266","catch_line":"Services rendered in Commonwealth's cases","url":"\/17.1-266\/","token":"17.1\/2\/7\/17.1-266","metadata":false},{"id":63126,"structure_id":13880,"section_number":"17.1-267","catch_line":"Services for which clerks may not charge","url":"\/17.1-267\/","token":"17.1\/2\/7\/17.1-267","metadata":false},{"id":68160,"structure_id":13880,"section_number":"17.1-268","catch_line":"Fee for effort to serve when person cannot be found","url":"\/17.1-268\/","token":"17.1\/2\/7\/17.1-268","metadata":false},{"id":71647,"structure_id":13880,"section_number":"17.1-269","catch_line":"To whom fees charged","url":"\/17.1-269\/","token":"17.1\/2\/7\/17.1-269","metadata":false},{"id":56555,"structure_id":13880,"section_number":"17.1-270","catch_line":"Officer to state fees, etc., on affidavit, deposition or report","url":"\/17.1-270\/","token":"17.1\/2\/7\/17.1-270","metadata":false},{"id":54909,"structure_id":13880,"section_number":"17.1-271","catch_line":"Deposit of money in bank","url":"\/17.1-271\/","token":"17.1\/2\/7\/17.1-271","metadata":false},{"id":85531,"structure_id":13880,"section_number":"17.1-272","catch_line":"Process and service fees generally","url":"\/17.1-272\/","token":"17.1\/2\/7\/17.1-272","metadata":false},{"id":61224,"structure_id":13880,"section_number":"17.1-273","catch_line":"Establishment and disposition of fees collected by certain high constable","url":"\/17.1-273\/","token":"17.1\/2\/7\/17.1-273","metadata":false},{"id":70312,"structure_id":13880,"section_number":"17.1-274","catch_line":"Commission on forthcoming bond","url":"\/17.1-274\/","token":"17.1\/2\/7\/17.1-274","metadata":false},{"id":71931,"structure_id":13880,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; 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judgment in favor of the Commonwealth","url":"\/17.1-275.5\/","token":"17.1\/2\/7\/17.1-275.5","metadata":false},{"id":76933,"structure_id":13880,"section_number":"17.1-275.6","catch_line":"Fees collected from court reporter fund","url":"\/17.1-275.6\/","token":"17.1\/2\/7\/17.1-275.6","metadata":false},{"id":78190,"structure_id":13880,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","url":"\/17.1-275.7\/","token":"17.1\/2\/7\/17.1-275.7","metadata":false},{"id":69998,"structure_id":13880,"section_number":"17.1-275.8","catch_line":"Fixed drug misdemeanor fee","url":"\/17.1-275.8\/","token":"17.1\/2\/7\/17.1-275.8","metadata":false},{"id":59327,"structure_id":13880,"section_number":"17.1-275.9","catch_line":"Fixed misdemeanor revocation fee","url":"\/17.1-275.9\/","token":"17.1\/2\/7\/17.1-275.9","metadata":false},{"id":59820,"structure_id":13880,"section_number":"17.1-276","catch_line":"Fee allowed for providing secure remote access to land records","url":"\/17.1-276\/","token":"17.1\/2\/7\/17.1-276","metadata":false},{"id":65621,"structure_id":13880,"section_number":"17.1-277","catch_line":"Repealed","url":"\/17.1-277\/","token":"17.1\/2\/7\/17.1-277","metadata":false},{"id":80536,"structure_id":13880,"section_number":"17.1-278","catch_line":"Additional fees in certain courts; use by Virginia State Bar","url":"\/17.1-278\/","token":"17.1\/2\/7\/17.1-278","metadata":false},{"id":69820,"structure_id":13880,"section_number":"17.1-279","catch_line":"Additional fee to be assessed by circuit court clerks for information technology","url":"\/17.1-279\/","token":"17.1\/2\/7\/17.1-279","metadata":false},{"id":64013,"structure_id":13880,"section_number":"17.1-279.1","catch_line":"Additional assessment for electronic summons system","url":"\/17.1-279.1\/","token":"17.1\/2\/7\/17.1-279.1","metadata":false},{"id":83751,"structure_id":13880,"section_number":"17.1-280","catch_line":"What costs chargeable against prosecutor","url":"\/17.1-280\/","token":"17.1\/2\/7\/17.1-280","metadata":false},{"id":58625,"structure_id":13880,"section_number":"17.1-281","catch_line":"Assessment for courthouse construction, renovation or maintenance","url":"\/17.1-281\/","token":"17.1\/2\/7\/17.1-281","metadata":false},{"id":55497,"structure_id":13880,"section_number":"17.1-282","catch_line":"Reserved","url":"\/17.1-282\/","token":"17.1\/2\/7\/17.1-282","metadata":false},{"id":80073,"structure_id":13880,"section_number":"17.1-283","catch_line":"Statements required of clerks of courts of record; exceptions","url":"\/17.1-283\/","token":"17.1\/2\/7\/17.1-283","metadata":false},{"id":59790,"structure_id":13880,"section_number":"17.1-284","catch_line":"How excess payable into state or local treasury determined","url":"\/17.1-284\/","token":"17.1\/2\/7\/17.1-284","metadata":false},{"id":74204,"structure_id":13880,"section_number":"17.1-285","catch_line":"Payment of excess","url":"\/17.1-285\/","token":"17.1\/2\/7\/17.1-285","metadata":false},{"id":70363,"structure_id":13880,"section_number":"17.1-286","catch_line":"Disposition of state funds locally collected","url":"\/17.1-286\/","token":"17.1\/2\/7\/17.1-286","metadata":false},{"id":79643,"structure_id":13880,"section_number":"17.1-287","catch_line":"Salaries of clerks of circuit courts","url":"\/17.1-287\/","token":"17.1\/2\/7\/17.1-287","metadata":false},{"id":62341,"structure_id":13880,"section_number":"17.1-288","catch_line":"Compensation and expenses of clerks of circuit courts in Cities of Richmond and Newport News","url":"\/17.1-288\/","token":"17.1\/2\/7\/17.1-288","metadata":false},{"id":63028,"structure_id":13880,"section_number":"17.1-289","catch_line":"Commission on certain local collections not otherwise provided for","url":"\/17.1-289\/","token":"17.1\/2\/7\/17.1-289","metadata":false},{"id":65042,"structure_id":13880,"section_number":"17.1-290","catch_line":"Contracts by cities","url":"\/17.1-290\/","token":"17.1\/2\/7\/17.1-290","metadata":false},{"id":78653,"structure_id":13880,"section_number":"17.1-291","catch_line":"Penalty for officers","url":"\/17.1-291\/","token":"17.1\/2\/7\/17.1-291","metadata":false}],"previous_section":{"id":64013,"structure_id":13880,"section_number":"17.1-279.1","catch_line":"Additional assessment for electronic summons system","url":"\/17.1-279.1\/","token":"17.1\/2\/7\/17.1-279.1","metadata":false},"next_section":{"id":58625,"structure_id":13880,"section_number":"17.1-281","catch_line":"Assessment for courthouse construction, renovation or maintenance","url":"\/17.1-281\/","token":"17.1\/2\/7\/17.1-281","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-280\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 369; in 1964, chapter 386; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0872\">872<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":163411,"object_type":"law","relational_id":83751,"identifier":"17.1-280","token":"17.1\/2\/7\/17.1-280","url":"\/17.1-280\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-280\/","token":"17.1\/2\/7\/17.1-280","dublin_core":{"Title":"What costs chargeable against prosecutor","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-280","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>If any <span class=\"dictionary\">warrant of arrest<\/span> for a <span class=\"dictionary\">misdemeanor<\/span> or <span class=\"dictionary\">felony<\/span>, or any <span class=\"dictionary\">search warrant<\/span>, is issued or procured at the instance of a prosecutor, other than a public officer charged with the enforcement of the <span class=\"dictionary\">laws<\/span>, and the warrant is dismissed or the <span class=\"dictionary\">accused<\/span> discharged from the charge or charges, the <span class=\"dictionary\">judge<\/span> before whom the proceeding is held may give <span class=\"dictionary\">judgment<\/span> against the prosecutor in favor of the <span class=\"dictionary\">accused<\/span> for his costs. If the <span class=\"dictionary\">judge<\/span> believes from the <span class=\"dictionary\">evidence<\/span> that the warrant was procured by the prosecutor through <span class=\"dictionary\">malice<\/span> or without reasonable and <span class=\"dictionary\">probable cause<\/span>, the <span class=\"dictionary\">judge<\/span> shall grant <span class=\"dictionary\">judgment<\/span> in favor of the <span class=\"dictionary\">accused<\/span> for his costs.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHAT COSTS CHARGEABLE AGAINST PROSECUTOR (\u00a7 17.1-280)\n\nIf any warrant of arrest for a misdemeanor or felony, or any search warrant, is\nissued or procured at the instance of a prosecutor, other than a public officer\ncharged with the enforcement of the laws, and the warrant is dismissed or the\naccused discharged from the charge or charges, the judge before whom the\nproceeding is held may give judgment against the prosecutor in favor of the\naccused for his costs. If the judge believes from the evidence that the warrant\nwas procured by the prosecutor through malice or without reasonable and probable\ncause, the judge shall grant judgment in favor of the accused for his costs.\n\nHISTORY: Code 1950, \u00a7 14-140; 1960, c. 369; 1964, c. 386, \u00a7 14.1-131; 1998, c.\n872.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}