19-4510. RIGHTS OF ACCUSED PERSON — APPLICATION FOR WRIT OF HABEAS CORPUS. No person arrested upon such warrant shall be delivered over to the appointed agent for the executive authority demanding him unless he shall first be taken forthwith before a judge or magistrate of a court of record in this state, 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; if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge or magistrate of such court of record 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 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.
History:
[(19-4510) 1927, ch. 29, sec. 10, p. 31; I.C.A., sec. 19-4610; am. 2008, ch. 136, sec. 9, p. 388.]
Structure Idaho Code
Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE
Section 19-4501 - DEFINITIONS.
Section 19-4502 - FUGITIVES FROM JUSTICE — DUTY OF GOVERNOR.
Section 19-4503 - FORM OF DEMAND.
Section 19-4504 - GOVERNOR MAY INVESTIGATE CASE.
Section 19-4507 - ISSUE OF GOVERNOR’S WARRANT OF ARREST — RECITALS.
Section 19-4508 - MANNER AND PLACE OF EXECUTION — FACSIMILE AND ELECTRONIC SERVICE.
Section 19-4509 - AUTHORITY OF ARRESTING OFFICER.
Section 19-4510 - RIGHTS OF ACCUSED PERSON — APPLICATION FOR WRIT OF HABEAS CORPUS.
Section 19-4511 - PENALTY FOR NONCOMPLIANCE WITH SECTION 19-4510, IDAHO CODE.
Section 19-4512 - CONFINEMENT IN JAIL WHEN NECESSARY.
Section 19-4513 - ARREST PRIOR TO REQUISITION.
Section 19-4514 - ARREST WITHOUT A WARRANT.
Section 19-4515 - COMMITMENT TO AWAIT REQUISITION — BAIL.
Section 19-4516 - BAIL — IN WHAT CASES — CONDITIONS OF BOND.
Section 19-4517 - EXTENSION OF TIME OF COMMITMENT.
Section 19-4518 - FORFEITURE OF BAIL.
Section 19-4519 - PERSONS UNDER CRIMINAL PROSECUTION IN THIS STATE AT TIME OF REQUISITION.
Section 19-4520 - GUILT OR INNOCENCE OF ACCUSED — WHEN INQUIRED INTO.
Section 19-4521 - GOVERNOR MAY RECALL WARRANT OR ISSUE ALIAS.
Section 19-4522 - FUGITIVES FROM THIS STATE — DUTY OF GOVERNOR.
Section 19-4523 - APPLICATION FOR ISSUANCE OF REQUISITION — BY WHOM MADE — CONTENTS.
Section 19-4524 - IMMUNITY FROM SERVICE OF PROCESS IN CERTAIN CIVIL ACTIONS.
Section 19-4526 - INTERPRETATION.
Section 19-4528 - COSTS AND EXPENSES.
Section 19-4530 - WRITTEN WAIVER OF EXTRADITION PROCEEDINGS.