A Minor Misdemeanor Is A Citation
Va. Code 19.2-74 — a summons and release on a written promise to appear for most misdemeanors
Jailable misdemeanors. For a misdemeanor in the officer's presence punishable by jail, the officer takes the person's name and address and issues a summons to appear. On the person's written promise to appear, the officer releases the person from custody at once.
The exceptions. If the officer believes the person is likely to disregard a summons, or is likely to cause harm to themselves or another, the matter goes before a magistrate instead. The same is true if the person will not stop the unlawful act.
Fine only misdemeanors. For a Class 3 or Class 4 misdemeanor, or another misdemeanor without a jail sentence, or public drunkenness, the officer likewise issues a summons and releases the person on a written promise to appear.
Refusing to sign. A person who refuses to give the written promise is taken immediately before a magistrate.
What happens if the person does not appear, and the offenses themselves, are set out in other sections that are not on this page. Whether an arrest was lawful in a particular case is a question for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 19.2-74 — A summons in place of a warrant for a misdemeanor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.