Virginia law requires courts to issue appropriate process—summons or warrants—against accused individuals upon indictment or information, depending on the severity of the charge. If the accused is in custody and no process is issued, law enforcement must take fingerprints and photographs. The law also details procedures for serving process and handling cases where the accused does not appear.
The court must issue a capias for felonies, a capias or summons for misdemeanors, and a summons initially for other cases. If the accused is in custody, no process is needed unless ordered by the court.
If the summons is returned executed and the defendant does not appear, or if the defendant is not found, the court may issue a capias to secure their appearance.
Yes, if no process is issued when an indictment or information is filed, law enforcement must take fingerprints and photographs of the accused at first appearance.
The officer serving the summons or capias must also serve a copy of the indictment, presentment, or information along with the process.