16.1-256 - Limitations as to issuance of warrants for juveniles; detention orders. - Virginia Statutes

§ 16.1-256. Limitations as to issuance of warrants for juveniles; detentionorders.

No warrant of arrest shall be issued for any juvenile by a magistrate, exceptas follows:

1. As provided in § 16.1-260 on appeal from a decision of an intake officer;or

2. Upon a finding of probable cause to believe that the child is in need ofservices or is a delinquent, when (i) the court is not open and (ii) thejudge and the intake officer of the juvenile and domestic relations districtcourt are not reasonably available. For purposes of this section, the phrase"not reasonably available" means that neither the judge nor the intakeofficer of the juvenile and domestic relations district court could bereached after the appearance by the juvenile before a magistrate or thatneither could arrive within one hour after he was contacted.

When a magistrate is authorized to issue a warrant pursuant to subdivision 2,he may also issue a detention order, if the criteria for detention set forthin § 16.1-248.1 have been satisfied.

Warrants issued pursuant to this section shall be delivered forthwith to thejuvenile court.

(Code 1950, § 16.1-195; 1956, c. 555; 1958, c. 344; 1973, c. 440; 1977, c.559; 1979, c. 701; 1980, c. 234; 1981, c. 184; 1983, c. 349; 1986, c. 295;1996, cc. 755, 914.)