No demand for the extradition of a person charged with, or convicted of, crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 19.2-91, that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he fled from such state, and accompanied: (1) by a copy of an indictment found, (2) by a copy or an information supported by an affidavit filed in the state having jurisdiction of the crime, (3) by a copy of an affidavit made before a magistrate in such state together with a copy of any warrant which was issued thereupon, or (4) by a copy of a judgment of conviction or of a sentence imposed in execution thereof together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
Code 1950, § 19.1-51; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 8 - Extradition of Criminals
§ 19.2-84. Governor to surrender on requisition of President
§ 19.2-86. Fugitives from justice; duty of Governor
§ 19.2-88. Governor may investigate case
§ 19.2-89. Extradition of persons imprisoned or awaiting trial in another state
§ 19.2-90. Extradition of persons who have left demanding state involuntarily
§ 19.2-91. Extradition of persons not in demanding state at time of commission of crime
§ 19.2-92. Issuance of Governor's warrant of arrest; its recitals
§ 19.2-93. Manner and place of execution of warrant
§ 19.2-94. Assistance to arresting officer
§ 19.2-95. Rights of accused persons; application for writ of habeas corpus
§ 19.2-96. Penalty for noncompliance with preceding section
§ 19.2-97. Confinement in jail when necessary
§ 19.2-98. Same; for prisoners being taken through Commonwealth
§ 19.2-99. Arrest prior to requisition
§ 19.2-100. Arrest without warrant
§ 19.2-101. Confinement to await requisition; bail
§ 19.2-102. In what cases bail allowed; conditions of bond
§ 19.2-103. Discharge, recommitment or renewal of bail
§ 19.2-104. Forfeiture of bail
§ 19.2-105. Persons under criminal prosecution in this Commonwealth at time of requisition
§ 19.2-106. When guilt or innocence of accused inquired into
§ 19.2-107. Governor may recall warrant or issue alias
§ 19.2-108. Fugitives from this Commonwealth; duty of Governor
§ 19.2-109. Application for requisition for return of person charged with crime
§ 19.2-110. Application for requisition for return of escaped convict, etc.
§ 19.2-111. Form of such applications; copies, etc.
§ 19.2-112. Costs and expenses of extradition
§ 19.2-113. Immunity from service of process in certain civil actions
§ 19.2-114. Written waiver of extradition proceedings
§ 19.2-115. Nonwaiver by this Commonwealth