(a) No person arrested upon a warrant of arrest issued under this division shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been informed of the demand made for his surrender, the crime with which he is charged and that he has the right to demand legal counsel.
(b) If the prisoner, his friends or counsel shall state that he or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit court in this state, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
(c) Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant in disobedience of this section shall be guilty of a misdemeanor, and on conviction shall be fined not more than $1,000.00 or be imprisoned not more than six months or both.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Chapter 9 - Fugitives From Justice, Extradition and Detainers.
Section 15-9-30 - Duty of Governor to Have Arrested and Deliver Foreign Fugitive.
Section 15-9-31 - Form of Demand.
Section 15-9-32 - Investigation of Demand.
Section 15-9-33 - What Supporting Documents to Show.
Section 15-9-34 - Surrender of Person Committing Act in Alabama Resulting in Crime in Another State.
Section 15-9-35 - Arrest Warrant - Issuance; Contents.
Section 15-9-36 - Arrest Warrant - Authorization to Arresting Officer.
Section 15-9-39 - Confinement of Prisoner.
Section 15-9-40 - Arrest Prior to Requisition.
Section 15-9-42 - Arrest Without Warrant - Commitment to Jail or Admission to Bail.
Section 15-9-43 - Arrest Without Warrant - When Accused to Be Admitted to Bail; Conditions of Bail.
Section 15-9-45 - Arrest Without Warrant - Forfeiture of Bail.
Section 15-9-46 - When Prosecution Already Instituted in Alabama.
Section 15-9-47 - Inquiry Into Guilt or Innocence of Accused.
Section 15-9-48 - Constraint on Use for Collection of Debt, Demand or Claim.