Virginia law outlines the procedures for issuing criminal warrants, including the examination of witnesses, requirements for written complaints, and conditions for issuing arrest warrants. It specifies when warrants can be issued without formal complaints and the criteria for their content. The law also details restrictions on issuing warrants for felonies based on complaints from non-law enforcement individuals.
A warrant can be issued without a formal complaint if the officer suspects an offense punishable other than by a fine and has examined witnesses on oath, especially if there is probable cause to believe the accused committed the offense.
A written complaint is required if the complainant is not a law enforcement officer and for all felony offenses, regardless of who files the complaint.
No, a magistrate cannot issue an arrest warrant for a felony based on a complaint from a non-law enforcement person without prior approval from the attorney for the Commonwealth or a jurisdictional law enforcement agency.
The warrant must be directed to officers, name or describe the accused, describe the offense with certainty, command arrest and court appearance, and be signed by the issuing officer.