{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-901.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-901.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-901.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-901.html"}],"law_id":83024,"edition_id":1,"section_id":83024,"structure_id":13674,"section_number":"28.2-901","catch_line":"Summons issued instead of being taken into custody; failure to appear","history":"1983, c. 591, \u00a7 28.1-185.2; 1992, c. 836.","full_text":"A\n\nWhenever any person is detained by or is in the custody of an arresting officer for any violation of the laws enforceable pursuant to § 28.2-900, the arresting officer shall take the name and address of each person detained and issue a summons or otherwise notify him in writing to appear at a time and court to be specified in the summons or notice. When the person gives his written promise to appear at the designated time and place, the officer shall immediately release him from custody.B\n\nIf the arresting officer (i) believes a detained person is likely to disregard a summons issued under the provisions of this section or (ii) reasonably believes a detained person is likely to harm himself or another, or if the person refuses to give his written promise to appear, the officer may take the offender, vessel and property into custody. The person shall be brought before the nearest or most accessible judicial officer or other person qualified to admit bail having jurisdiction.C\n\nThe failure of any person to appear as required by a summons issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as he appears to answer the charges against him. Failure to appear shall bar the issuance of any further license to the person until he appears.","order_by":null,"text":{"0":{"id":297586,"text":"Whenever any person is detained by or is in the custody of an arresting officer for any violation of the laws enforceable pursuant to § 28.2-900, the arresting officer shall take the name and address of each person detained and issue a summons or otherwise notify him in writing to appear at a time and court to be specified in the summons or notice. When the person gives his written promise to appear at the designated time and place, the officer shall immediately release him from custody.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297587,"text":"If the arresting officer (i) believes a detained person is likely to disregard a summons issued under the provisions of this section or (ii) reasonably believes a detained person is likely to harm himself or another, or if the person refuses to give his written promise to appear, the officer may take the offender, vessel and property into custody. The person shall be brought before the nearest or most accessible judicial officer or other person qualified to admit bail having jurisdiction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":297588,"text":"The failure of any person to appear as required by a summons issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as he appears to answer the charges against him. Failure to appear shall bar the issuance of any further license to the person until he appears.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13674,"edition_id":1,"name":"Enforcement of Subtitle Ii; Jurisdiction","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:32","date_modified":"2026-06-26 03:45:32","permalink":{"id":191877,"object_type":"structure","relational_id":13674,"identifier":"9","token":"28.2\/II\/9","url":"\/28.2\/II\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78933,"structure_id":13674,"section_number":"28.2-900","catch_line":"Arrest with or without warrant; larceny; violations of boating laws and Title 62.1","url":"\/28.2-900\/","token":"28.2\/II\/9\/28.2-900","metadata":false},{"id":83024,"structure_id":13674,"section_number":"28.2-901","catch_line":"Summons issued instead of being taken into custody; failure to appear","url":"\/28.2-901\/","token":"28.2\/II\/9\/28.2-901","metadata":false},{"id":77875,"structure_id":13674,"section_number":"28.2-902","catch_line":"Procedure after arrest and seizure","url":"\/28.2-902\/","token":"28.2\/II\/9\/28.2-902","metadata":false},{"id":85115,"structure_id":13674,"section_number":"28.2-903","catch_line":"Violations constitute misdemeanor","url":"\/28.2-903\/","token":"28.2\/II\/9\/28.2-903","metadata":false},{"id":54652,"structure_id":13674,"section_number":"28.2-903.1","catch_line":"Impeding lawful fishing in tidal waters; penalty","url":"\/28.2-903.1\/","token":"28.2\/II\/9\/28.2-903.1","metadata":false},{"id":60509,"structure_id":13674,"section_number":"28.2-904","catch_line":"Pursuit and detention across the Maryland-Virginia line","url":"\/28.2-904\/","token":"28.2\/II\/9\/28.2-904","metadata":false},{"id":56870,"structure_id":13674,"section_number":"28.2-905","catch_line":"Resistance to officer or authorized person, etc.; penalty","url":"\/28.2-905\/","token":"28.2\/II\/9\/28.2-905","metadata":false},{"id":76478,"structure_id":13674,"section_number":"28.2-906","catch_line":"Failure to perform duty; penalty","url":"\/28.2-906\/","token":"28.2\/II\/9\/28.2-906","metadata":false},{"id":85573,"structure_id":13674,"section_number":"28.2-907","catch_line":"Jurisdiction of courts","url":"\/28.2-907\/","token":"28.2\/II\/9\/28.2-907","metadata":false}],"previous_section":{"id":78933,"structure_id":13674,"section_number":"28.2-900","catch_line":"Arrest with or without warrant; larceny; violations of boating laws and Title 62.1","url":"\/28.2-900\/","token":"28.2\/II\/9\/28.2-900","metadata":false},"next_section":{"id":77875,"structure_id":13674,"section_number":"28.2-902","catch_line":"Procedure after arrest and seizure","url":"\/28.2-902\/","token":"28.2\/II\/9\/28.2-902","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-901\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 591 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1992, chapter 836.<\/p>","references":false,"refers_to":[{"id":78933,"section_number":"28.2-900","catch_line":"Arrest with or without warrant; larceny; violations of boating laws and Title 62.1","order_by":null,"url":"\/28.2-900\/"}],"permalink":{"id":191883,"object_type":"law","relational_id":83024,"identifier":"28.2-901","token":"28.2\/II\/9\/28.2-901","url":"\/28.2-901\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-901\/","token":"28.2\/II\/9\/28.2-901","dublin_core":{"Title":"Summons issued instead of being taken into custody; failure to appear","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-901","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any person is detained by or is in the custody<\/span> of an arresting officer<\/span> for any violation of the laws<\/span> enforceable pursuant to § 28.2-900<\/a>, the arresting officer<\/span> shall take the name and address of each person detained and issue<\/span> a summons<\/span> or otherwise notify him in writing to appear at a time and court<\/span> to be specified in the summons<\/span> or notice. When the person gives his written promise to appear at the designated time and place, the officer<\/span> shall immediately release him from custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the arresting officer<\/span> (i) believes a detained person is likely to disregard a summons<\/span> issued under the provisions of this section or (ii) reasonably believes a detained person is likely to harm himself or another, or if the person refuses to give his written promise to appear, the officer<\/span> may take the offender, vessel and property into custody<\/span>. The person shall be brought before the nearest or most accessible judicial officer<\/span> or other person qualified to admit bail<\/span> having jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The failure of any person to appear as required by a summons<\/span> issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as he appears to answer the charges against him. Failure to appear shall bar the issuance of any further license to the person until he appears. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUMMONS ISSUED INSTEAD OF BEING TAKEN INTO CUSTODY; FAILURE TO APPEAR (\u00a7\n28.2-901)\n\nA. Whenever any person is detained by or is in the custody of an arresting\nofficer for any violation of the laws enforceable pursuant to § 28.2-900,\nthe arresting officer shall take the name and address of each person detained\nand issue a summons or otherwise notify him in writing to appear at a time and\ncourt to be specified in the summons or notice. When the person gives his\nwritten promise to appear at the designated time and place, the officer shall\nimmediately release him from custody.\n\nB. If the arresting officer (i) believes a detained person is likely to\ndisregard a summons issued under the provisions of this section or (ii)\nreasonably believes a detained person is likely to harm himself or another, or\nif the person refuses to give his written promise to appear, the officer may\ntake the offender, vessel and property into custody. The person shall be brought\nbefore the nearest or most accessible judicial officer or other person qualified\nto admit bail having jurisdiction.\n\nC. The failure of any person to appear as required by a summons issued under the\nprovisions of this section shall suspend all licenses issued to the person\npursuant to this subtitle until such time as he appears to answer the charges\nagainst him. Failure to appear shall bar the issuance of any further license to\nthe person until he appears.\n\nHISTORY: 1983, c. 591, \u00a7 28.1-185.2; 1992, c. 836.","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}}