2006 Code of Virginia § 19.2-232 - What process to be awarded against accused on indictment, etc

19.2-232. What process to be awarded against accused on indictment, etc.

When an indictment or presentment is found or made, or information filed, thecourt, or the judge thereof, shall award process against the accused toanswer the same, if he be not in custody. Such process, if the prosecution befor a felony, shall be a capias; if it be for a misdemeanor, for whichimprisonment may be imposed, it may be a capias or summons, in the discretionof the court or judge; in all other cases, it shall be, in the first instancea summons, but if a summons be returned executed and the defendant does notappear, or be returned not found, the court or judge may award a capias. Theofficer serving the summons or capias shall also serve a copy of theindictment, presentment or information therewith.

(Code 1950, 19.1-178; 1960, c. 366; 1975, c. 495; 1980, c. 349.)