Legal Question in Criminal Law in Virginia

My friend was issued a summons for sexual battery. We have questions about the motivation behind the charges. Meaning the person who went to the Magistrate is an addict and I think revenge motivated. Regardless we are wondering why it was a summons and not an arrest warrant. We both like to think that if you were accused of a charge like this you would actually be arrested and not just handed a piece of paper. Granted my friend is glad he wasn't arrested and was just handed a piece of paper but I am curious as to why you don't get arrested for something like that. Thank you.

Asked on 6/01/12, 4:02 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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In the Commonwealth, a summons is typically issued to the

person charged with a misdemeanor offense as opposed to

a felony.

Sexual battery is a Class 1 misdemeanor in the Commonwealth's

catalogue of criminal offenses (Va. Code Sec. 18.2-67.4) whereas

aggravated sexual battery is a felony per Va. Code Sec. 18.2-67.3, and

a crime for which an accused would normally be arrested and taken into custody.

Answered on 6/02/12, 6:39 am

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