{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-74.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-74.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-74.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-74.html"}],"law_id":57508,"edition_id":1,"section_id":57508,"structure_id":13638,"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","history":"Code 1950, \u00a7 19.1-92.1; 1973, c. 98; 1974, c. 481; 1975, c. 495; 1976, c. 753; 1978, c. 500; 1979, cc. 679, 680; 1980, c. 492; 1981, c. 382; 1982, cc. 485, 500; 1984, c. 24; 1988, c. 455; 1995, c. 471; 2010, c. 840; 2014, c. 543; 2019, cc. 782, 783; 2021, Sp. Sess. I, cc. 524, 542.","full_text":"A\n\n1. 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, city or town 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 46.2, or for offenses listed in subsection D of \u00a7 19.2-81, 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. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of \u00a7 19.2-82.\n\t\t\tAnything 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 \u00a7 19.2-82.2\n\nWhenever any person is detained by or is in the custody of an arresting officer for a violation of any county, city, or town ordinance or of any provision of this Code, punishable as a Class 3 or Class 4 misdemeanor or any other misdemeanor for which he cannot receive a jail sentence, except as otherwise provided in Title 46.2, or to the offense of public drunkenness as defined in § 18.2-388, 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 fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of § 19.2-82.3\n\nUnless otherwise authorized by law, any person so summoned shall not be held in custody after the issuance of such summons for the purpose of complying with the requirements of Chapter 23 (§ 19.2-387 et seq.). Reports to the Central Criminal Records Exchange concerning such persons shall be made pursuant to subdivision A 2 of § 19.2-390 and subsection C of § 19.2-390.\n\t\t\t\tAny person refusing to give such 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 provisions of § 19.2-82.\n\t\t\t\tAny person who willfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of § 19.2-128, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.\n\t\t\t\tAny person charged with committing any violation of § 18.2-407 may be arrested and immediately brought before a magistrate who shall proceed as provided in § 19.2-82.B\n\nConservators of the peace appointed under Chapter 2 (§ 19.2-12 et seq.) may issue summonses pursuant to this section, if such officers are in uniform or displaying a badge of office. On application, the chief law-enforcement officer of the county or city shall supply each officer with a supply of summons forms, for which such officer shall account pursuant to regulation of such chief law-enforcement officer.C\n\nThe 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 § 46.2-388. If the summons is issued for an offense in violation of any county, city, or town ordinance that is similar to any provision of this Code, the summons shall reference the offense using both the citation corresponding to the county, city, or town ordinance and the specific provision of this Code.","order_by":null,"text":{"0":{"id":210674,"text":"1. 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, city or town 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 46.2, or for offenses listed in subsection D of \u00a7 19.2-81, 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. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of \u00a7 19.2-82.\n\t\t\tAnything 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 \u00a7 19.2-82.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":210675,"text":"Whenever any person is detained by or is in the custody of an arresting officer for a violation of any county, city, or town ordinance or of any provision of this Code, punishable as a Class 3 or Class 4 misdemeanor or any other misdemeanor for which he cannot receive a jail sentence, except as otherwise provided in Title 46.2, or to the offense of public drunkenness as defined in § 18.2-388, 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 fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of § 19.2-82.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":210676,"text":"Unless otherwise authorized by law, any person so summoned shall not be held in custody after the issuance of such summons for the purpose of complying with the requirements of Chapter 23 (§ 19.2-387 et seq.). Reports to the Central Criminal Records Exchange concerning such persons shall be made pursuant to subdivision A 2 of § 19.2-390 and subsection C of § 19.2-390.\n\t\t\t\tAny person refusing to give such 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 provisions of § 19.2-82.\n\t\t\t\tAny person who willfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of § 19.2-128, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.\n\t\t\t\tAny person charged with committing any violation of § 18.2-407 may be arrested and immediately brought before a magistrate who shall proceed as provided in § 19.2-82.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":210677,"text":"Conservators of the peace appointed under Chapter 2 (§ 19.2-12 et seq.) may issue summonses pursuant to this section, if such officers are in uniform or displaying a badge of office. On application, the chief law-enforcement officer of the county or city shall supply each officer with a supply of summons forms, for which such officer shall account pursuant to regulation of such chief law-enforcement officer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"4":{"id":210678,"text":"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 § 46.2-388. If the summons is issued for an offense in violation of any county, city, or town ordinance that is similar to any provision of this Code, the summons shall reference the offense using both the citation corresponding to the county, city, or town ordinance and the specific provision of this Code.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13638,"edition_id":1,"name":"Arrest","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":170919,"object_type":"structure","relational_id":13638,"identifier":"7","token":"19.2\/7","url":"\/19.2\/7\/","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":57792,"structure_id":13638,"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":56060,"structure_id":13638,"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":62110,"structure_id":13638,"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":70049,"structure_id":13638,"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":83253,"structure_id":13638,"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":57508,"structure_id":13638,"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":68524,"structure_id":13638,"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":79219,"structure_id":13638,"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":80529,"structure_id":13638,"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":68951,"structure_id":13638,"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":66460,"structure_id":13638,"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":83631,"structure_id":13638,"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":61047,"structure_id":13638,"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":85927,"structure_id":13638,"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":79468,"structure_id":13638,"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":66672,"structure_id":13638,"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":60845,"structure_id":13638,"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":81296,"structure_id":13638,"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":60675,"structure_id":13638,"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":62476,"structure_id":13638,"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":62627,"structure_id":13638,"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":86739,"structure_id":13638,"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":55203,"structure_id":13638,"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":55495,"structure_id":13638,"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":72697,"structure_id":13638,"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":61276,"structure_id":13638,"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":56295,"structure_id":13638,"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":84938,"structure_id":13638,"section_number":"19.2-83","catch_line":"Repealed","url":"\/19.2-83\/","token":"19.2\/7\/19.2-83","metadata":false},{"id":78541,"structure_id":13638,"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":54610,"structure_id":13638,"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":83253,"structure_id":13638,"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},"next_section":{"id":68524,"structure_id":13638,"section_number":"19.2-74.1","catch_line":"Repealed","url":"\/19.2-74.1\/","token":"19.2\/7\/19.2-74.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-74\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 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 1973, chapter 98; in 1974, chapter 481; in 1975, chapter 495; in 1976, chapter 753; in 1978, chapter 500; in 1979, chapters 679 and 680; in 1980, chapter 492; in 1981, chapter 382; in 1982, chapters 485 and 500; in 1984, chapter 24; in 1988, chapter 455; in 1995, chapter 471<\/a>; in 2010, chapter 840<\/a>; in 2014, chapter 543<\/a>; in 2019, chapters 782<\/a> and 783<\/a>.<\/p>","references":[{"id":66542,"section_number":"16.1-69.24","catch_line":"Contempt of court","order_by":null,"url":"\/16.1-69.24\/"},{"id":78904,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","order_by":null,"url":"\/19.2-128\/"},{"id":66716,"section_number":"19.2-340","catch_line":"Fines; how recovered; in what name","order_by":null,"url":"\/19.2-340\/"},{"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\/"},{"id":80211,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","order_by":null,"url":"\/19.2-392\/"},{"id":66672,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","order_by":null,"url":"\/19.2-80\/"},{"id":54873,"section_number":"46.2-388","catch_line":"Uniform summons to be used for reportable motor vehicle law violations; citations","order_by":null,"url":"\/46.2-388\/"},{"id":71626,"section_number":"9.1-146","catch_line":"Limitation on powers of registered armed security officers","order_by":null,"url":"\/9.1-146\/"}],"refers_to":[{"id":85045,"section_number":"18.2-388","catch_line":"Intoxication in public; penalty; transportation of public inebriates to detoxification center","order_by":null,"url":"\/18.2-388\/"},{"id":60408,"section_number":"18.2-407","catch_line":"Remaining at place of riot or unlawful assembly after warning to disperse","order_by":null,"url":"\/18.2-407\/"},{"id":83596,"section_number":"19.2-12","catch_line":"Who are conservators of the peace","order_by":null,"url":"\/19.2-12\/"},{"id":78904,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","order_by":null,"url":"\/19.2-128\/"},{"id":60081,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police","order_by":null,"url":"\/19.2-387\/"},{"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\/"},{"id":60675,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","order_by":null,"url":"\/19.2-81\/"},{"id":61276,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","order_by":null,"url":"\/19.2-82\/"},{"id":54873,"section_number":"46.2-388","catch_line":"Uniform summons to be used for reportable motor vehicle law violations; citations","order_by":null,"url":"\/46.2-388\/"}],"permalink":{"id":170941,"object_type":"law","relational_id":57508,"identifier":"19.2-74","token":"19.2\/7\/19.2-74","url":"\/19.2-74\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-74\/","token":"19.2\/7\/19.2-74","dublin_core":{"Title":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-74","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Whenever any person is detained by or is in the custody<\/span> of an arresting officer for any violation committed in such officer’s presence which offense<\/span> is a violation of any county, city or town ordinance<\/span> or of any provision of this Code punishable as a Class 1 or Class 2 misdemeanor<\/span> or any other misdemeanor<\/span> for which he may receive a jail sentence, except as otherwise provided in Title 46.2, or for offenses<\/span> listed in subsection D of \u00a7 19.2-81<\/a>, or an arrest<\/span> on a warrant charging an offense<\/span> for which a summons<\/span> 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<\/span> a summons<\/span> or otherwise notify him in writing to appear at a time and place to be specified in such summons<\/span> 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<\/span>. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of \u00a7 19.2-82<\/a>.\n\t\t\tAnything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons<\/span> 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<\/span> or other issuing authority having jurisdiction<\/span> shall proceed according to the provisions of \u00a7 19.2-82<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whenever any person is detained by or is in the custody<\/span> of an arresting officer for a violation of any county, city, or town ordinance<\/span> or of any provision of this Code, punishable as a Class 3 or Class 4 misdemeanor<\/span> or any other misdemeanor<\/span> for which he cannot receive a jail sentence, except as otherwise provided in Title 46.2, or to the offense<\/span> of public drunkenness as defined in § 18.2-388<\/a>, the arresting officer shall take the name and address of such person and issue<\/span> a summons<\/span> or otherwise notify him in writing to appear at a time and place to be specified in such summons<\/span> 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<\/span>. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of § 19.2-82<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Unless otherwise authorized by law<\/span>, any person so summoned shall not be held in custody<\/span> after the issuance of such summons<\/span> for the purpose of complying with the requirements of Chapter 23 (§ 19.2-387<\/a> et seq.). Reports to the Central Criminal Records Exchange concerning such persons shall be made pursuant to subdivision A 2 of § 19.2-390<\/a> and subsection C of § 19.2-390<\/a>.\n\t\t\t\tAny person refusing to give such written promise to appear under the provisions of this section shall be taken immediately by the arresting or other police officer before a magistrate<\/span> or other issuing authority having jurisdiction<\/span>, who shall proceed according to provisions of § 19.2-82<\/a>.\n\t\t\t\tAny person who willfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of § 19.2-128<\/a>, regardless of the disposition<\/span> of, and in addition to, the charge upon which he was originally arrested.\n\t\t\t\tAny person charged with committing any violation of § 18.2-407<\/a> may be arrested and immediately brought before a magistrate<\/span> who shall proceed as provided in § 19.2-82<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Conservators of the peace appointed under Chapter 2 (§ 19.2-12<\/a> et seq.) may issue<\/span> summonses pursuant to this section, if such officers are in uniform or displaying a badge of office. On application, the chief law<\/span>-enforcement officer of the county or city shall supply each officer with a supply of summons<\/span> forms, for which such officer shall account pursuant to regulation of such chief law<\/span>-enforcement officer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The summons<\/span> used by a law<\/span>-enforcement officer pursuant to this section shall be in form the same as the uniform summons<\/span> for motor vehicle law<\/span> violations as prescribed pursuant to § 46.2-388<\/a>. If the summons<\/span> is issued for an offense<\/span> in violation of any county, city, or town ordinance<\/span> that is similar to any provision of this Code, the summons<\/span> shall reference the offense<\/span> using both the citation<\/span> corresponding to the county, city, or town ordinance<\/span> and the specific provision of this Code. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE AND SERVICE OF SUMMONS IN PLACE OF WARRANT IN MISDEMEANOR CASE;\nISSUANCE OF SUMMONS BY SPECIAL CONSERVATORS OF THE PEACE (\u00a7 19.2-74)\n\nA. 1. Whenever any person is detained by or is in the custody of an arresting\nofficer for any violation committed in such officer’s presence which\noffense is a violation of any county, city or town ordinance or of any provision\nof this Code punishable as a Class 1 or Class 2 misdemeanor or any other\nmisdemeanor for which he may receive a jail sentence, except as otherwise\nprovided in Title 46.2, or for offenses listed in subsection D of \u00a7 19.2-81, or\nan arrest on a warrant charging an offense for which a summons may be issued,\nand when specifically authorized by the judicial officer issuing the warrant,\nthe arresting officer shall take the name and address of such person and issue a\nsummons or otherwise notify him in writing to appear at a time and place to be\nspecified in such summons or notice. Upon the giving by such person of his\nwritten promise to appear at such time and place, the officer shall forthwith\nrelease him from custody. However, if any such person shall fail or refuse to\ndiscontinue the unlawful act, the officer may proceed according to the\nprovisions of \u00a7 19.2-82.\n\t\t\tAnything in this section to the contrary notwithstanding, if any person is\nbelieved by the arresting officer to be likely to disregard a summons issued\nunder the provisions of this subsection, or if any person is reasonably believed\nby the arresting officer to be likely to cause harm to himself or to any other\nperson, a magistrate or other issuing authority having jurisdiction shall\nproceed according to the provisions of \u00a7 19.2-82.\n\n 2. Whenever any person is detained by or is in the custody of an arresting\n officer for a violation of any county, city, or town ordinance or of any\n provision of this Code, punishable as a Class 3 or Class 4 misdemeanor or any\n other misdemeanor for which he cannot receive a jail sentence, except as\n otherwise provided in Title 46.2, or to the offense of public drunkenness as\n defined in § 18.2-388, the arresting officer shall take the name and\n address of such person and issue a summons or otherwise notify him in writing\n to appear at a time and place to be specified in such summons or notice. Upon\n the giving of such person of his written promise to appear at such time and\n place, the officer shall forthwith release him from custody. However, if any\n such person shall fail or refuse to discontinue the unlawful act, the officer\n may proceed according to the provisions of § 19.2-82.\n\n 3. Unless otherwise authorized by law, any person so summoned shall not be\n held in custody after the issuance of such summons for the purpose of\n complying with the requirements of Chapter 23 (§ 19.2-387 et seq.).\n Reports to the Central Criminal Records Exchange concerning such persons shall\n be made pursuant to subdivision A 2 of § 19.2-390 and subsection C of\n § 19.2-390.\n \t\t\t\tAny person refusing to give such written promise to appear under the\n provisions of this section shall be taken immediately by the arresting or\n other police officer before a magistrate or other issuing authority having\n jurisdiction, who shall proceed according to provisions of § 19.2-82.\n \t\t\t\tAny person who willfully violates his written promise to appear, given in\n accordance with this section, shall be treated in accordance with the\n provisions of § 19.2-128, regardless of the disposition of, and in\n addition to, the charge upon which he was originally arrested.\n \t\t\t\tAny person charged with committing any violation of § 18.2-407 may be\n arrested and immediately brought before a magistrate who shall proceed as\n provided in § 19.2-82.\n\nB. Conservators of the peace appointed under Chapter 2 (§ 19.2-12 et seq.)\nmay issue summonses pursuant to this section, if such officers are in uniform or\ndisplaying a badge of office. On application, the chief law-enforcement officer\nof the county or city shall supply each officer with a supply of summons forms,\nfor which such officer shall account pursuant to regulation of such chief\nlaw-enforcement officer.\n\nC. The summons used by a law-enforcement officer pursuant to this section shall\nbe in form the same as the uniform summons for motor vehicle law violations as\nprescribed pursuant to § 46.2-388. If the summons is issued for an offense\nin violation of any county, city, or town ordinance that is similar to any\nprovision of this Code, the summons shall reference the offense using both the\ncitation corresponding to the county, city, or town ordinance and the specific\nprovision of this Code.\n\nHISTORY: Code 1950, \u00a7 19.1-92.1; 1973, c. 98; 1974, c. 481; 1975, c. 495; 1976,\nc. 753; 1978, c. 500; 1979, cc. 679, 680; 1980, c. 492; 1981, c. 382; 1982, cc.\n485, 500; 1984, c. 24; 1988, c. 455; 1995, c. 471; 2010, c. 840; 2014, c. 543;\n2019, cc. 782, 783; 2021, Sp. Sess. I, cc. 524, 542.","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}}