                                 CODE OF VIRGINIA

WHAT PROCESS TO BE AWARDED AGAINST ACCUSED ON INDICTMENT, ETC (§ 19.2-232)

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.
		If 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 § 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 § 19.2-390.

HISTORY: Code 1950, § 19.1-178; 1960, c. 366; 1975, c. 495; 1980, c. 349; 2019,
cc. 782, 783.