Sec. 9.
Rights of accused person; application for writ of habeas corpus. 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 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; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge 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: 1937, Act 144, Eff. Oct. 29, 1937 ;-- CL 1948, 780.9
Structure Michigan Compiled Laws
Chapter 780 - Criminal Procedure
Act 144 of 1937 - Uniform Criminal Extradition Act (780.1 - 780.31)
Section 780.1 - Uniform Criminal Extradition Act; Definitions.
Section 780.2 - Fugitives From Justice; Duty of Governor.
Section 780.3 - Form of Demand.
Section 780.3a - Extradition; Persons Not Present in Demanding State at Time of Commission of Crime.
Section 780.4 - Investigation by Governor.
Section 780.6 - Governor's Warrant; Issuance; Recitation of Facts; Revocation of Bail.
Section 780.7 - Governor's Warrant; Execution, Manner and Place.
Section 780.8 - Arresting Officer; Authority.
Section 780.9 - Rights of Accused Persons; Writ of Habeas Corpus, Application.
Section 780.10 - Violation of Section; Misdemeanor, Penalty.
Section 780.11 - Confinement in Jail; Necessary Circumstances.
Section 780.12 - Arrest Prior to Requisition.
Section 780.13 - Arrest Without Warrant.
Section 780.14 - Commitment to Await Requisition; Bail.
Section 780.15 - Bail; Type of Cases; Condition of Bond.
Section 780.16 - Discharge or Recommitment of Accused; Additional Periods; Limitation.
Section 780.17 - Forfeiture of Bail.
Section 780.19 - Guilt or Innocence of Accused When Inquired Into.
Section 780.20 - Governor's Warrant; Recall or Issuance of Another.
Section 780.21 - Fugitives From State; Duty of Governor.
Section 780.22 - Application for Issuance of Requisition; Contents.
Section 780.23 - Costs and Expenses.
Section 780.23a - Extradition Costs; Payment.
Section 780.24 - Immunity From Service of Process in Certain Civil Actions.
Section 780.25 - Written Waiver of Extradition Proceedings.
Section 780.25a - Delivering Individual to Demanding State Without Governor's Warrant.
Section 780.26 - Non-Waiver by State.
Section 780.27 - No Right of Asylum.
Section 780.28 - Interpretation of Act.
Section 780.31 - Uniform Criminal Extradition Act; Short Title.