Orderless emergency custody sources of authority va

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Orderless Emergency Custody Sources of Authority Va. Code 37.2-808(G) and (H) for adults Va. Code 16.1-340 (G) and (H) for juveniles
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Diversion Issues What happens when a magistrate is asked to issue criminal process against an individual displaying signs of mental illness? Under current law, magistrates may not refuse to hear criminal complaints against mentally ill individuals nor may they refuse to issue criminal process against a mentally ill individual if the magistrate has probable cause to believe the accused committed a crime.
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Diversion Issues On complaint of a criminal offense to any [magistrate] he shall examine on oath the complainant …. If upon such examination [the magistrate] finds that there is probable cause to believe the accused has committed an offense, [the magistrate] shall issue a warrant for his arrest ….” Virginia Code § 19.2-72
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Diversion Issues If a law enforcement officer seeks a criminal charge against a mentally ill defendant, Va. Code § 19.2-72 requires a magistrate to issue a criminal charge upon finding probable cause to believe the accused committed a criminal act. No exception for mental illness.
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Diversion Issues If a warrant is issued for a felony or Class 1 or 2 misdemeanor, magistrate will hold a bail hearing and make a bail decision. Decision subject to statutory bail presumptions found in Va. Code 19.2-120 and 19.2-123; no exception for mental illness.
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  • Fall '19
  • criminal law, magistrate, • Magistrates

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