Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 3561 Peace officers authorized to execute warrants of arrest
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(a) A peace officer is any inspector employed by the Taxicab Commission, marshal, deputy marshal, qualified probation officer of the Superior Court and Waste Management Authority Enforcement Officers, enforcement officer or Commissioner of the Department of Planning and Natural R…
5 V.I.C. § 3562 Arrest by peace officer with and without warrant
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(1) A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person—(1) for a public offense committed or attempted in his presence;(2) when a person has committed a felony, although not in his presence;(3) when a felony h…
5 V.I.C. § 3563 Arrest by private person
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(1) A private person may arrest another —(1) for a public offense committed or attempted in his presence;(2) when the person arrested has committed a felony, although not in his presence; or(3) when a felony has been in fact committed, and he has reasonable cause for believing th…
5 V.I.C. § 3564 Oral order of arrest
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A judge may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense in the presence of such judge.
5 V.I.C. § 3565 Procedure for arrest
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(a) An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest is made by actual restraint of the person of the defendant or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is …
5 V.I.C. § 3566 Use of force; escape or rescue; assistance
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(a) When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all necessary means to effect the arrest. (b) To make an arr…
5 V.I.C. § 3567 Use of force; shots discharged at moving vehicles; prohibition
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(1) When an officer is making an arrest or has advised a suspect of the officer’s intent to make an arrest, if the suspect flees by motor vehicle, the officer may not discharge a firearm at the moving vehicle except in cases when:(1) the suspect is immediately threatening the off…
5 V.I.C. § 3570 Appearance ticket; definition, form and content
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An appearance ticket is a written notice issued and subscribed by a peace officer authorized to issue an appearance ticket, directing a designated person to appear in the Superior Court of the Virgin Islands at a future date in connection with his alleged commission of a misdemea…
5 V.I.C. § 3571 Appearance ticket when and by whom issuable
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(a) Peace officers designated in title 5 Virgin Islands Code section 3561 may issue appearance tickets for misdemeanor offenses committed or attempted in their presence. (b) Peace officers authorized pursuant to title 5 Virgin Islands Code section 3562 to arrest a person without …
5 V.I.C. § 3572 Appearance ticket; where returnable; how and where served
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(a) An appearance ticket must be made returnable in the Superior Court of the Virgin Islands. (b) An appearance ticket must be served personally at the time the offense is committed or attempted to be committed.
5 V.I.C. § 3573 Appearance ticket; filing a complaint in the Superior Court; dismissal of insufficient complaint
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(a) At or before the time the appearance ticket is returnable, the Attorney General shall file with the Superior Court of the Virgin Islands a complaint charging the person named in the appearance ticket with the offense specified therein, consistent with Superior Court Rule 123(…
5 V.I.C. § 3574 Appearance ticket; defendant's failure to appear
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If after the service of an appearance ticket and the filing of the complaint charging the offense designated therein, the defendant does not appear in the Superior Court at the time the appearance ticket is returnable, the court may issue a summons or a warrant of arrest based on…
5 V.I.C. § 3575 Appearance ticket; fingerprinting of defendant
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Upon the arraignment of a defendant who has not been arrested and whose court appearance has been secured by the issuance and service of an appearance ticket, the court must direct that the defendant be fingerprinted by the appropriate police officer or agency and that he appear …
5 V.I.C. § 3581 Prosecution of offenses by information
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(a) Every felony and every criminal action in the district court shall be prosecuted by information. (b) Except in cases where the United States attorney has requested commitment to the district court upon a preliminary hearing under section 73 of Title 4, an information need not…