Virginia law requires arresting officers to obtain and provide the court or magistrate with the arrested person's criminal history information before proceeding with certain criminal cases. Pretrial services agencies can also supply this information instead of the arresting officer. This helps ensure informed judicial decisions during pretrial proceedings.
An officer must provide the criminal history prior to any proceeding under Article 1 of Chapter 9 of Title 19.2, whenever they proceed under sections 19.2-76, 19.2-80, or 19.2-82.
Yes, a pretrial services agency established under § 19.2-152.2 can provide the criminal history information to the magistrate or court instead of the arresting officer.
Providing criminal history helps the court make informed decisions regarding bail, release, or other pretrial matters based on the defendant's criminal background.
The law states 'to the extent possible,' so if obtaining the criminal history is not feasible, the officer or agency may not be required to provide it, but efforts should be made to do so.