Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
No Virginia opinions match these filters
Try a different search term or clear the filters.
If a Virginia sheriff stores his own records on a server owned by the county or city, can the county administrator restrict or deny the sheriff's access to those records?
No. The AG concluded that a sheriff, as a constitutional officer independent of local government, must have unfettered access to his own records even when stored on locality-owned servers. Local offic…
If ICE issues a detainer on someone in a Virginia sheriff's jail, can the sheriff tell ICE when the inmate will be released so ICE can come pick them up?
Yes. Virginia Code § 53.1-220.2 expressly allows a sheriff who receives an ICE detainer to transfer custody of the inmate to ICE within five days before scheduled release. The AG concludes that author…
Can a Virginia sheriff use civilian employees or private process servers to serve civil court papers, instead of sworn deputies? What training is required, and what's the sheriff's liability if something goes wrong?
Yes. A Virginia sheriff may use a civilian employee (18 or older, not a party to the case) or contract with a private process server to serve civil process, except where statute specifically requires …
During a Virginia civil eviction, what should the sheriff do with a tenant's firearm that gets left behind? Can the sheriff seize it, check its serial number against criminal databases, or hold it for safekeeping?
Sheriffs may take custody of (or confiscate) a firearm left behind during a Virginia eviction in three specific situations: the firearm is stolen, the landlord is legally prohibited from possessing a …
Who sets the background-check fee for a Virginia concealed handgun permit application: the county board of supervisors or the sheriff?
The sheriff (or the State Police), not the county board. The Virginia AG concluded that under Va. Code § 18.2-308.03, only the sheriff (up to $35) and the State Police (up to $5) have discretion over …
Can a Virginia sheriff assign deputies to act as full-time security at a private school?
Not while on duty. The Virginia AG concluded a sheriff cannot dedicate on-duty deputies to permanent security for a private school, but the locality may adopt a § 15.2-1712 ordinance letting off-duty …
Can a Virginia sheriff assign a deputy to provide full-time security at a community services board facility that serves students from local public schools?
Yes. A Virginia sheriff has authority to assign a deputy to provide full-time security at a community services board facility that serves public school students, because protecting public facilities i…
Can a Virginia sheriff ban guns in every part of a courthouse, including the constitutional officer offices and county admin offices on other floors?
Yes. The AG concluded that the Fauquier County Sheriff may implement a security plan prohibiting weapons in all parts of the Fauquier County Courthouse, including areas occupied by constitutional offi…
If federal immigration officials send Virginia jails an ICE detainer, do the sheriffs have to keep an inmate locked up past their release date?
No. The opinion concluded that an ICE detainer is merely a request under 8 C.F.R. § 287.7. It does not create for a Virginia law-enforcement agency either an obligation or legal authority to maintain …
In Virginia courthouses, do sheriffs or judges decide where security cameras go and what doors are locked?
Judges make the rules. Sheriffs enforce them. Va. Code § 53.1-120 puts the duty to ensure courthouses and courtrooms are secure on the sheriff and lets the chief judges and the sheriff agree on the nu…
In Virginia, who decides courthouse security rules: the chief judge, the judges collectively, the sheriff, or the court administrator?
The chief judge or the circuit judges collectively can make courthouse security rules, including a rule that allows cellular phones inside. They can't delegate that rulemaking authority to a court adm…
Does a Virginia inmate's jail sentence stop running when he's transported to another jurisdiction for a court appearance?
No. A Virginia jail sentence does not stop running (is not tolled) when the inmate is briefly transported to another jurisdiction to appear in court. The home jail must credit the inmate for all time …
Can a Virginia sheriff serve truancy meeting notices on parents at the school's request, without a court order?
Yes. A sheriff can assist a school division with enforcing compulsory attendance laws by serving notice of a truancy meeting on a parent or custodian, as long as the school board, division superintend…
Browse Virginia opinions by topic
Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.