§ 1-1-15. Issuance and service of summons in place of warrant in misdemeanor case; failure to appear separate violation.  


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  • (a)

    Whenever any person is arrested for a violation of any provision of this Code punishable as a misdemeanor, except as otherwise provided in Code of Virginia, Title 46.2, or Section 18.2-266, as amended, 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.

    (b)

    Any person refusing to give such written promise to appear shall be taken immediately by the arresting or other police officer before the nearest or most accessible judicial officer or other person qualified to admit to bail having jurisdiction, who shall proceed according to provisions of Code of Virginia, Section 19.2-123, as amended.

    (c)

    Any person who willfully violates his written promise to appear, given in accordance with this Section, shall be guilty of a Class 1 misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.

    (d)

    Anything 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 Section, the arresting officer shall take such person forthwith before the nearest or most accessible judicial officer or other person qualified to admit to bail in lieu of issuing the summons, who shall determine whether or not probable cause exists that such person is likely to disregard a summons, and may issue either a summons or warrant as he may determine proper.

    (e)

    Notwithstanding the above, if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, the officer may take such person before a magistrate or other issuing authority of the County and request the issuance of a warrant. (32-76-1.)