No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a circuit or general district court in the Commonwealth, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge 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 attorney for the Commonwealth of the county or city in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Code 1950, § 19.1-59; 1960, c. 366; 1975, c. 495; 2005, c. 839.
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