2006 Code of Virginia § 46.2-936 - Arrest for misdemeanor; release on summons and promise to appear; right to demand hearing immediate...

46.2-936. Arrest for misdemeanor; release on summons and promise to appear;right to demand hearing immediately or within twenty-four hours; issuance ofwarrant on request of officer for violations of 46.2-301 and 46.2-302;refusal to promise to appear; violations.

Whenever any person is detained by or in the custody of an arresting officer,including an arrest on a warrant, for a violation of any provision of thistitle punishable as a misdemeanor, the arresting officer shall, except asotherwise provided in 46.2-940, take the name and address of such personand the license number of his motor vehicle and issue a summons or otherwisenotify him in writing to appear at a time and place to be specified in suchsummons or notice. Such time shall be at least five days after such arrestunless the person arrested demands an earlier hearing. Such person shall, ifhe so desires, have a right to an immediate hearing, or a hearing withintwenty-four hours at a convenient hour, before a court having jurisdictionunder this title within the county, city, or town wherein such offense wascommitted. Upon the giving by such person of his written promise to appear atsuch time and place, the officer shall forthwith release him from custody.

Notwithstanding the foregoing provisions of this section, if prior generalapproval has been granted by order of the general district court for the useof this section in cases involving violations of 46.2-301 and 46.2-302,the arresting officer may take the person before the appropriate judicialofficer of the county or city in which the violation occurred and make oathas to the offense and request issuance of a warrant. If a warrant is issued,the judicial officer shall proceed in accordance with the provisions ofArticle 1 ( 19.2-119 et seq.) of Chapter 9 of Title 19.2.

Notwithstanding any other provision of this section, in cases involving aviolation of 46.2-341.24 or 46.2-341.31, the arresting officer shall takethe person before a magistrate as provided in 46.2-341.26:2 and46.2-341.26:3. The magistrate may issue either a summons or a warrant as heshall deem proper.

Any person refusing to give such written promise to appear under theprovisions of this section shall be taken immediately by the arrestingofficer before a magistrate or other issuing officer having jurisdiction whoshall proceed according to the provisions of 46.2-940.

Any person who willfully violates his written promise to appear, given inaccordance with this section, shall be treated in accordance with theprovisions of 46.2-938.

Any officer violating any of the provisions of this section shall be guiltyof misconduct in office and subject to removal therefrom upon complaint filedby any person in a court of competent jurisdiction. This section shall not beconstrued to limit the removal of a law-enforcement officer for othermisconduct in office.

(Code 1950, 46-193; 1950, p. 94; 1954, c. 174; 1958, c. 541, 46.1-178;1972, c. 477; 1975, c. 191; 1981, c. 382; 1983, c. 458; 1989, c. 727; 1990,c. 218; 1992, c. 830; 1999, cc. 829, 846.)

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