§ 5043. Hearing, commitment, discharge
If an arrest is made in this State by an officer of another state in accordance with the provisions of section 5042 of this title, he or she shall without unnecessary delay take the person arrested before a Superior judge of the unit in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he or she shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State or admit such person to bail pending the issuance of such warrant. If the judge determines that the arrest was unlawful, he or she shall discharge the person arrested. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 108.)
Structure Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 159 - Extradition and Fresh Pursuit
§ 4903. Transporting prisoner through State
§ 4905. By officers of New York state
§ 4906. By officers of New Hampshire
§ 4907. Service of criminal process returnable in Massachusetts
§ 4908. Powers of officers from another state
§ 4909. Impeding officers of other states
§ 4910. Receiving person from officer of another state
§ 4946. Extradition of person not in demanding state at time crime committed
§ 4947. Governor to issue warrant
§ 4948. Manner and place of executing warrant
§ 4949. Authority of arresting officer
§ 4950. Rights of accused person; application for writ of habeas corpus
§ 4951. Penalty for noncompliance
§ 4952. Confinement in jail when necessary
§ 4953. Arrest prior to requisition
§ 4954. Arrest without a warrant
§ 4955. Commitment to await extradition; bail
§ 4957. Extending time of commitment
§ 4959. Persons under prosecution in this State at time of requisition
§ 4960. Guilt or innocence of accused not in issue
§ 4961. Governor may recall or reissue warrant
§ 4962. Fugitives from this State; duty of governors
§ 4963. Manner of applying for requisition
§ 4964. Immunity from civil process
§ 4965. No immunity from other criminal prosecutions
§ 4967. Written waiver of extradition proceedings
§ 4968. Nonwaiver by this State
§ 4969. Uniform interpretation
§ 5042. Powers of law enforcement officers
§ 5043. Hearing, commitment, discharge