Legal Question in Criminal Law in Virginia

Re: Misdemeanors

No. Most people charged with misdemeanors (traffic, trespass, etc) are issued warrants from police on the scene and are never fingerprinted and booked. The warrant instructs them to appear in court at a certain time and if convicted, they are then fingerprinted. All felonies, however, require fingerprinting and the other indignities you mentioned.

Re: Misdemeanors

A police officer has the elective option to arrest or issue a summons for a misdemeanor committed in his presence. In most instances, the officer will opt for the summons, but if there are certain violations that generally do result in arrest, such as Domestic Assault and Battery and DUI. Also, if the officer feels the need to remove a person from a scene, they may elect to arrest just to break up the situation.

If a warrant was issued for a crime committed outside the officer's presence, then the warrant will state on it's face whether the officer serving it has discression to issue a summons or if a full arrest will be required.

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