Arrest With Detention In Virginia
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FAQ
Simply put, warrants never expire. However, suppose the criminal statute of limitations (SOL) has expired. In that case, you might be able to get the case dismissed for passing the time limitations. In California, the SOL for misdemeanors is generally one year from the time of the offense.
A stock warrant can cover any number of shares and often will have expiration dates far longer than stock options. Expiration dates of five, 10 or even 15 years are not uncommon for warrants.
Code § 16.1-260. An intake officer has the authority to issue a detention order/capias for an adult under age 21 when the adult is alleged to have committed an offense as a minor. These proceedings shall be initiated by a DC-511, PETITION.
Here's the catch—warrants don't go away on their own. Even if you try to stay out of sight, the warrant remains valid in the court system under (Va. Code § 19.2-306). It can linger for years, ready to be enforced whenever you're found.
Permanent Warrant: The warrant will remain active indefinitely until you address it through proper court procedures (Va. Code § 19.2-306).
Definition: A temporary hold or stop by law enforcement to investigate possible criminal activity. Detention does not mean you're under arrest. Legal Standard: Requires reasonable suspicion, which means the officer has specific, articulable facts suggesting you may be involved in criminal activity.
In Virginia, as in the rest of the country, law enforcement officers must have probable cause or a warrant to conduct a search. Probable cause means that there is a reasonable basis to believe that a crime has been committed or that evidence of a crime is present in the location to be searched.
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
If you aren't being notified or you've been detained more than 48-72 hours, you should contact a criminal defense attorney. You may have a constitutional claim against law enforcement.
DETENTION ONLY RELEASE: Inmates on whom criminal charges are not. filed within 48 hours of arrest shall have open charges dispositioned as a "Detention. Only." ( Refer to Penal Code Sections 825 and 851.6) Staff shall issue detention certificates to inmates whose release dispositions are "Detention Only".
