• Virginia law allows for citizen's arrest, which is the holding of a person for a crime by someone other than a law enforcement official. A citizen's arrest can also refer to a police officer holding someone for a crime outside his or her jurisdiction and without a warrant, typically in the place where the officer lives. Citizen's arrests, though, are not extremely common and police departments caution that law enforcement officials should be called if a person thinks a crime is being committed.
  
  

Felonies and Misdemeanors

• In Virginia, a citizen can make an arrest if he or she witnesses a felony offense. The person making the citizen's arrest should be "absolutely certain" the accused committed the offense, according to the Lynchburg, Va., Police Department. Felonies are major crimes and are punishable by more than one year in jail. Citizen's arrests cannot be made in instances of misdemeanor and lesser offenses in Virginia.
  
  

The Arrest and Paperwork

• A citizen's arrest refers to the time a person is held until a police officer arrives at the scene. The person making the arrest should tell the accused that he or she is under citizen's arrest and immediately call police. In instances of citizen's arrest, as with other arrests, a record of the arrest must be filed with the magistrate's office, according to the Code of Virginia.
  
  

Legal Protections

• According to "Criminal Procedure for the Criminal Justice Professional," a citizen making an arrest can "use the same degree of force as a law enforcement officer making an arrest," but he or she is not given immunity from civil liability. Those who make citizen's arrests are subject to civil lawsuits and damage awards if mistakes are made, such as arresting the wrong person or physically harming the accused. A person who makes a wrongful citizen's arrest is in violation of the law and can face punishment. Those making citizen's arrests have no rights to question the accused or take any belongings from them.