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Sign Summons or Go to Jail
by David A. Cardon, Esquire
Dear Mr. Cardon,
I was pulled over by a Virginia Beach
police officer two weeks ago for failure
to obey a highway sign. The police officer
asked me to sign a summons but I refused,
thinking I might be admitting guilt. The
officer told me she would arrest me if
I refused the sign the summons, which
I did. Can the officer arrest me if I
refuse to sign the summons?
Yes, she can arrest you. Your signature
on the summons simply acknowledges your
promise to either pay the fine and costs,
or appear in court on the return date.
It is not an admission that you are guilty
for the alleged offense. If you refuse
to sign the summons, the officer has no
choice but to arrest you and bring you
before the magistrate. The magistrate
will issue a summons for you to appear
in court on the return date and then have
it served on you.
Minor
traffic offenses: If you are
pulled over and the only law you have
violated is a minor traffic infraction
for which the only punishment is a fine
and no jail sentence, the officer will
not arrest you unless you refuse to sign
the summons.
Serious
traffic offenses: If you are
pulled over by the police for violating
traffic or criminal laws that are punishable
by a jail sentence, depending on the violation,
the officer might have some discretion
on whether or not to arrest you and take
you to jail. more>>
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VIRGINIA BEACH, NORFOLK, PORTSMOUTH, CHESAPEAKE, HAMPTON, NEWPORT NEWS
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