                                 CODE OF VIRGINIA

DUTY OF ARRESTING OFFICER; BAIL (§ 19.2-80)

In any case in which an officer does not issue a summons pursuant to § 19.2-74
or § 46.2-936, a law-enforcement officer making an arrest under a warrant or
capias shall bring the arrested person without unnecessary delay before a
judicial officer. The judicial officer shall immediately conduct a bail hearing
and either admit the accused to bail or commit him to jail. However, if (i) the
accused is charged with a misdemeanor and is brought before a judge of the court
having jurisdiction to try the case and (ii) both the accused and the
Commonwealth consent, the judge may proceed to trial instead of conducting a
bail hearing.

HISTORY: Code 1950, § 19.1-98; 1960, c. 366; 1975, c. 495; 1979, c. 679; 1986,
c. 327; 1997, c. 10.