{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-232.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-232.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-232.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-232.html"}],"law_id":87050,"edition_id":1,"section_id":87050,"structure_id":15411,"section_number":"19.2-232","catch_line":"What process to be awarded against accused on indictment, etc","history":"Code 1950, \u00a7 19.1-178; 1960, c. 366; 1975, c. 495; 1980, c. 349; 2019, cc. 782, 783.","full_text":"When an indictment or presentment is found or made, or information filed, the court, or the judge thereof, shall award process against the accused to answer the same, if he be not in custody. Such process, if the prosecution be for a felony, shall be a capias; if it be for a misdemeanor, for which imprisonment may be imposed, it may be a capias or summons, in the discretion of the court or judge; in all other cases, it shall be, in the first instance a summons, but if a summons be returned executed and the defendant does not appear, or be returned not found, the court or judge may award a capias. The officer serving the summons or capias shall also serve a copy of the indictment, presentment, or information therewith.\n\t\tIf the accused is in custody when an indictment or presentment is found or made, or information is filed, and no process is awarded, the attorney for the Commonwealth shall so notify the court of such at the time of first appearance for each indictment, presentment, or information for which a report is required upon arrest pursuant to subsection A of \u00a7 19.2-390, and the court shall order that the fingerprints and photograph of the accused be taken for each offense by a law-enforcement officer or by the agency that has custody of the accused at the time of first appearance. The law-enforcement officer or agency taking the fingerprints and photograph shall submit a report to the Central Criminal Records Exchange for each offense pursuant to subsection A of \u00a7 19.2-390.","order_by":null,"text":{"0":{"id":311731,"text":"When an indictment or presentment is found or made, or information filed, the court, or the judge thereof, shall award process against the accused to answer the same, if he be not in custody. Such process, if the prosecution be for a felony, shall be a capias; if it be for a misdemeanor, for which imprisonment may be imposed, it may be a capias or summons, in the discretion of the court or judge; in all other cases, it shall be, in the first instance a summons, but if a summons be returned executed and the defendant does not appear, or be returned not found, the court or judge may award a capias. The officer serving the summons or capias shall also serve a copy of the indictment, presentment, or information therewith.\n\t\tIf the accused is in custody when an indictment or presentment is found or made, or information is filed, and no process is awarded, the attorney for the Commonwealth shall so notify the court of such at the time of first appearance for each indictment, presentment, or information for which a report is required upon arrest pursuant to subsection A of \u00a7 19.2-390, and the court shall order that the fingerprints and photograph of the accused be taken for each offense by a law-enforcement officer or by the agency that has custody of the accused at the time of first appearance. The law-enforcement officer or agency taking the fingerprints and photograph shall submit a report to the Central Criminal Records Exchange for each offense pursuant to subsection A of \u00a7 19.2-390.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15411,"edition_id":1,"name":"Process","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14119,"metadata":{},"date_created":"2026-06-26 03:54:43","date_modified":"2026-06-26 03:54:43","permalink":{"id":168945,"object_type":"structure","relational_id":15411,"identifier":"4","token":"19.2\/14\/4","url":"\/19.2\/14\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14119,"edition_id":1,"name":"Presentments, Indictments and Informations","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:56","date_modified":"2026-06-26 03:46:56","permalink":{"id":168861,"object_type":"structure","relational_id":14119,"identifier":"14","token":"19.2\/14","url":"\/19.2\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87050,"structure_id":15411,"section_number":"19.2-232","catch_line":"What process to be awarded against accused on indictment, etc","url":"\/19.2-232\/","token":"19.2\/14\/4\/19.2-232","metadata":false},{"id":64884,"structure_id":15411,"section_number":"19.2-233","catch_line":"How awarded, directed, returnable and executed","url":"\/19.2-233\/","token":"19.2\/14\/4\/19.2-233","metadata":false},{"id":58683,"structure_id":15411,"section_number":"19.2-234","catch_line":"Procedure when person arrested under capias","url":"\/19.2-234\/","token":"19.2\/14\/4\/19.2-234","metadata":false},{"id":70853,"structure_id":15411,"section_number":"19.2-235","catch_line":"Clerks to mail process to officers in other counties, etc","url":"\/19.2-235\/","token":"19.2\/14\/4\/19.2-235","metadata":false},{"id":72296,"structure_id":15411,"section_number":"19.2-236","catch_line":"Where process of arrest may be executed","url":"\/19.2-236\/","token":"19.2\/14\/4\/19.2-236","metadata":false},{"id":61499,"structure_id":15411,"section_number":"19.2-237","catch_line":"Process on indictment or presentment for misdemeanor","url":"\/19.2-237\/","token":"19.2\/14\/4\/19.2-237","metadata":false},{"id":76435,"structure_id":15411,"section_number":"19.2-238","catch_line":"Summons against corporation; proceedings; expense of publication","url":"\/19.2-238\/","token":"19.2\/14\/4\/19.2-238","metadata":false}],"next_section":{"id":64884,"structure_id":15411,"section_number":"19.2-233","catch_line":"How awarded, directed, returnable and executed","url":"\/19.2-233\/","token":"19.2\/14\/4\/19.2-233","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-232\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1980, chapter 349; in 2019, chapters 782<\/a> and 783<\/a>.<\/p>","references":false,"refers_to":[{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"}],"permalink":{"id":168947,"object_type":"law","relational_id":87050,"identifier":"19.2-232","token":"19.2\/14\/4\/19.2-232","url":"\/19.2-232\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-232\/","token":"19.2\/14\/4\/19.2-232","dublin_core":{"Title":"What process to be awarded against accused on indictment, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-232","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When an indictment<\/span> or presentment<\/span> is found or made, or information filed, the court<\/span>, or the judge<\/span> thereof, shall award process against the accused<\/span> to answer the same, if he be not in custody<\/span>. Such process, if the prosecution<\/span> be for a felony<\/span>, shall be a capias<\/span>; if it be for a misdemeanor<\/span>, for which imprisonment may be imposed, it may be a capias<\/span> or summons<\/span>, in the discretion of the court<\/span> or judge<\/span>; in all other cases, it shall be, in the first instance a summons<\/span>, but if a summons<\/span> be returned executed and the defendant<\/span> does not appear, or be returned not found, the court<\/span> or judge<\/span> may award a capias<\/span>. The officer serving the summons<\/span> or capias<\/span> shall also serve a copy of the indictment<\/span>, presentment<\/span>, or information therewith.\n\t\tIf the accused<\/span> is in custody<\/span> when an indictment<\/span> or presentment<\/span> is found or made, or information is filed, and no process is awarded, the attorney for the Commonwealth shall so notify the court<\/span> of such at the time of first appearance<\/span> for each indictment<\/span>, presentment<\/span>, or information for which a report is required upon arrest<\/span> pursuant to subsection A of \u00a7 19.2-390<\/a>, and the court<\/span> shall order<\/span> that the fingerprints and photograph of the accused<\/span> be taken for each offense<\/span> by a law<\/span>-enforcement officer or by the agency that has custody<\/span> of the accused<\/span> at the time of first appearance<\/span>. The law<\/span>-enforcement officer or agency taking the fingerprints and photograph shall submit a report to the Central Criminal Records Exchange for each offense<\/span> pursuant to subsection A of \u00a7 19.2-390<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHAT PROCESS TO BE AWARDED AGAINST ACCUSED ON INDICTMENT, ETC (\u00a7 19.2-232)\n\nWhen an indictment or presentment is found or made, or information filed, the\ncourt, or the judge thereof, shall award process against the accused to answer\nthe same, if he be not in custody. Such process, if the prosecution be for a\nfelony, shall be a capias; if it be for a misdemeanor, for which imprisonment\nmay be imposed, it may be a capias or summons, in the discretion of the court or\njudge; in all other cases, it shall be, in the first instance a summons, but if\na summons be returned executed and the defendant does not appear, or be returned\nnot found, the court or judge may award a capias. The officer serving the\nsummons or capias shall also serve a copy of the indictment, presentment, or\ninformation therewith.\n\t\tIf the accused is in custody when an indictment or presentment is found or\nmade, or information is filed, and no process is awarded, the attorney for the\nCommonwealth shall so notify the court of such at the time of first appearance\nfor each indictment, presentment, or information for which a report is required\nupon arrest pursuant to subsection A of \u00a7 19.2-390, and the court shall order\nthat the fingerprints and photograph of the accused be taken for each offense by\na law-enforcement officer or by the agency that has custody of the accused at\nthe time of first appearance. The law-enforcement officer or agency taking the\nfingerprints and photograph shall submit a report to the Central Criminal\nRecords Exchange for each offense pursuant to subsection A of \u00a7 19.2-390.\n\nHISTORY: Code 1950, \u00a7 19.1-178; 1960, c. 366; 1975, c. 495; 1980, c. 349; 2019,\ncc. 782, 783.","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}}