15A-730. 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. (1937, c. 273, s. 10; 1973, c. 1286, s. 16.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 37 - Uniform Criminal Extradition Act.
§ 15A-722 - Duty of Governor as to fugitives from justice of other states.
§ 15A-723 - Form of demand for extradition.
§ 15A-724 - Governor may cause investigation to be made.
§ 15A-726 - Extradition of persons not present in demanding state at time of commission of crime.
§ 15A-727 - Issue of Governor's warrant of arrest; its recitals.
§ 15A-728 - Manner and place of execution of warrant.
§ 15A-729 - Authority of arresting officer.
§ 15A-730 - Rights of accused person; application for writ of habeas corpus.
§ 15A-731 - Penalty for noncompliance with § 15A-730.
§ 15A-732 - Confinement in jail when necessary.
§ 15A-733 - Arrest prior to requisition.
§ 15A-734 - Arrest without a warrant.
§ 15A-735 - Commitment to await requisition; bail.
§ 15A-736 - Bail in certain cases; conditions of bond.
§ 15A-736.1 - Recodified as G.S15A-534.6 by Session Laws 2007-484, s4, effective August 30, 2007.
§ 15A-737 - Extension of time of commitment; adjournment.
§ 15A-738 - Forfeiture of bail.
§ 15A-739 - Persons under criminal prosecution in this State at time of requisition.
§ 15A-740 - Guilt or innocence of accused, when inquired into.
§ 15A-741 - Governor may recall warrant or issue alias.
§ 15A-742 - Fugitives from this State; duty of governors.
§ 15A-743 - Application for issuance of requisition; by whom made; contents.
§ 15A-744 - Costs and expenses.
§ 15A-745 - Immunity from service of process in certain civil actions.
§ 15A-746 - Written waiver of extradition proceedings.
§ 15A-747 - Nonwaiver by this State.
§ 15A-748 - No right of asylum; no immunity from other criminal prosecution while in this State.