Va. Code » Title 19.2. Criminal Procedure » Chapter 7. Arrest
Virginia Code

Va. Code Ann. § 19.2-80 (2026)

Duty of arresting officer; bail

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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.

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

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1981–2022 · leading case: Alatishe v. Commonwealth, 404 S.E.2d 81 (Va. Ct. App. 1991).
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Alatishe v. Commonwealth, 404 S.E.2d 81 (Va. Ct. App. 1991). · cites it 12× “We further hold that the delay in taking Alatishe before a magistrate as required by Code § 19.2-80 does not require suppression of the statement obtained from Alatishe during the period of that delay.”
McDonald v. Dunning, 760 F. Supp. 1156 (E.D. Va. 1991). · cites it 12× “See Va.Code § 19.2-80. There is also evidence that the procedure followed by the sheriffs deputies violated the normal practices of the Alexandria courts.”
Beavers v. Commonwealth, 427 S.E.2d 411 (Va. 1993). · cites it 2× “Beavers also contends that the confession should be suppressed because Detective Browning did not bring Beavers before a magistrate “without unnecessary delay,” in violation of Code § 19.2-80. Beavers recognizes that the failure to promptly bring a defendant before a magistrate…”
Davis v. Commonwealth, 440 S.E.2d 426 (Va. Ct. App. 1994). · cites it 4× “Code § 19.2-80. An officer arresting a person without a warrant shall bring that *430 person forthwith before an issuing authority who, upon examining the charge and finding probable cause, shall issue a warrant or a summons.”
Webber v. Commonwealth, 496 S.E.2d 83 (Va. Ct. App. 1998). · cites it 2× “Code § 19.2-80 provides, in pertinent part: [A]n officer making an arrest under a warrant or capias shall bring the arrested person without unnecessary delay *561 before and return such warrant or capias to a court of appropriate jurisdiction____ However: [N]ot every violation…”
Pearson v. Commonwealth, 275 S.E.2d 893 (Va. 1981). · cites it 2× “1 Alternatively, Pearson argued on brief that this evidence should have been suppressed as the product of a violation of Code § 19.2-80 which provides in part: “[A]n officer making an arrest under a warrant shall bring the arrested person without unnecessary delay before and…”
Commonwealth v. Long, 88 Va. Cir. 335 (Roanoke County Cir. Ct. 2014). · cites it 9× “The duty imposed by the forthwith requirement of Va. Code § 19.2-82 has been construed to impose the same duty as the duty to bring a person arrested under a warrant or capias before a magistrate without unnecessary delay, as required by Va.”
Jerry Lee Lewis, Jr v. Commonwealth, No. 3064011 (Va. Ct. App. Oct. 22, 2002). · cites it 4× “Forthwith Appellant also argues his motion to suppress should have been granted because the police failed to take him to a magistrate "forthwith" as required by Code § 19.2-80. The police arrested Lewis at approximately 4:20 a.”
Dickerson v. Duncan, No. 7:19-cv-00802 (W.D. Va. Jan. 7, 2020). · cites it 2× “1996) (citing Va. Code Ann. § 19.2-80 ). Government Center.”
Hicks v. Clarke, 87 Va. Cir. 208 (Norfolk Cir. Ct. 2013). · cites it 3× “Va. Code § 19.2-80. A person arrested without a warrant shall be “brought forthwith” before a magistrate for a determination whether probable cause exists, and, if a warrant is issued, the magistrate shall determine bail.”
Stacie Lynn Reid v. Commonwealth of Virginia, No. 0557002 (Va. Ct. App. Mar. 13, 2001). · cites it 2× “2d 83, 88 (1998) (applying same principle to alleged violation of Code § 19.2-80); Janis v. Commonwealth, 22 Va.”
Richardson v. Smith, No. 3:22-cv-00078 (E.D. Va. July 27, 2022). “§ 19.2-80 (West 2022). When the arrestee is charged with a felony, a district court will hold a preliminary hearing to determine whether there is probable cause to believe that the arrestee committed the felony charged.”
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