Virginia Code Title 52. Police (State) § 52-21. Procedure after arrest without warrant

Except in the case of a violation of a provision of Title 46.2, in which case the officer making the arrest shall proceed as provided in § 46.2-936, the officer making the arrest shall forthwith bring the person so arrested before an officer authorized to issue criminal warrants in the county or city where the arrest is made.  The officer before whom such person is brought shall proceed to examine the officer making the arrest.  If the officer before whom such person is brought has reasonable grounds upon which to believe that a criminal offense has been committed, and that the person arrested has committed such offense, he shall issue such a warrant as might have been issued prior to the arrest of such person under the provisions of § 19.2-72.  If such a warrant is issued the case shall thereafter be disposed of in like manner as though the warrant had been issued prior to the arrest.  If such a warrant be not issued the person so arrested shall be released.