19.2-95 - Rights of accused persons; application for writ of habeas corpus. - Virginia Statutes

§ 19.2-95. Rights of accused persons; application for writ of habeas corpus.

No person arrested upon such warrant shall be delivered over to the agentwhom the executive authority demanding him shall have appointed to receivehim unless he shall first be taken forthwith before a judge of a circuit orgeneral district court in the Commonwealth, who shall inform him of thedemand made for his surrender and of the crime with which he is charged, andthat he has the right to demand and procure legal counsel; and if theprisoner or his counsel shall state that he or they desire to test thelegality of his arrest, the judge shall fix a reasonable time to be allowedhim within which to apply for a writ of habeas corpus. When such writ isapplied for, notice thereof and of the time and place of hearing thereonshall be given to the attorney for the Commonwealth of the county or city inwhich the arrest is made and in which the accused is in custody, and to theagent of the demanding state.

(Code 1950, § 19.1-59; 1960, c. 366; 1975, c. 495; 2005, c. 839.)