{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-95.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-95.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-95.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-95.html"}],"law_id":77333,"edition_id":1,"section_id":77333,"structure_id":13847,"section_number":"19.2-95","catch_line":"Rights of accused persons; application for writ of habeas corpus","history":"Code 1950, \u00a7 19.1-59; 1960, c. 366; 1975, c. 495; 2005, c. 839.","full_text":"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 circuit or general district court in the Commonwealth, 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 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 attorney for the Commonwealth of the county or city in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.","order_by":null,"text":{"0":{"id":277372,"text":"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 circuit or general district court in the Commonwealth, 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 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 attorney for the Commonwealth of the county or city in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13847,"edition_id":1,"name":"Uniform Criminal Extradition Act","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13846,"metadata":{},"date_created":"2026-06-26 03:46:03","date_modified":"2026-06-26 03:46:03","permalink":{"id":171071,"object_type":"structure","relational_id":13847,"identifier":"2","token":"19.2\/8\/2","url":"\/19.2\/8\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13846,"edition_id":1,"name":"Extradition of Criminals","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:03","date_modified":"2026-06-26 03:46:03","permalink":{"id":171063,"object_type":"structure","relational_id":13846,"identifier":"8","token":"19.2\/8","url":"\/19.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82353,"structure_id":13847,"section_number":"19.2-100","catch_line":"Arrest without warrant","url":"\/19.2-100\/","token":"19.2\/8\/2\/19.2-100","metadata":false},{"id":67211,"structure_id":13847,"section_number":"19.2-101","catch_line":"Confinement to await requisition; bail","url":"\/19.2-101\/","token":"19.2\/8\/2\/19.2-101","metadata":false},{"id":69730,"structure_id":13847,"section_number":"19.2-102","catch_line":"In what cases bail allowed; conditions of bond","url":"\/19.2-102\/","token":"19.2\/8\/2\/19.2-102","metadata":false},{"id":60176,"structure_id":13847,"section_number":"19.2-103","catch_line":"Discharge, recommitment or renewal of bail","url":"\/19.2-103\/","token":"19.2\/8\/2\/19.2-103","metadata":false},{"id":66071,"structure_id":13847,"section_number":"19.2-104","catch_line":"Forfeiture of bail","url":"\/19.2-104\/","token":"19.2\/8\/2\/19.2-104","metadata":false},{"id":84971,"structure_id":13847,"section_number":"19.2-105","catch_line":"Persons under criminal prosecution in this Commonwealth at time of requisition","url":"\/19.2-105\/","token":"19.2\/8\/2\/19.2-105","metadata":false},{"id":54864,"structure_id":13847,"section_number":"19.2-106","catch_line":"When guilt or innocence of accused inquired into","url":"\/19.2-106\/","token":"19.2\/8\/2\/19.2-106","metadata":false},{"id":76808,"structure_id":13847,"section_number":"19.2-107","catch_line":"Governor may recall warrant or issue alias","url":"\/19.2-107\/","token":"19.2\/8\/2\/19.2-107","metadata":false},{"id":61625,"structure_id":13847,"section_number":"19.2-108","catch_line":"Fugitives from this Commonwealth; duty of Governor","url":"\/19.2-108\/","token":"19.2\/8\/2\/19.2-108","metadata":false},{"id":61994,"structure_id":13847,"section_number":"19.2-109","catch_line":"Application for requisition for return of person charged with crime","url":"\/19.2-109\/","token":"19.2\/8\/2\/19.2-109","metadata":false},{"id":69005,"structure_id":13847,"section_number":"19.2-110","catch_line":"Application for requisition for return of escaped convict, etc","url":"\/19.2-110\/","token":"19.2\/8\/2\/19.2-110","metadata":false},{"id":78786,"structure_id":13847,"section_number":"19.2-111","catch_line":"Form of such applications; copies, etc","url":"\/19.2-111\/","token":"19.2\/8\/2\/19.2-111","metadata":false},{"id":70806,"structure_id":13847,"section_number":"19.2-112","catch_line":"Costs and expenses of extradition","url":"\/19.2-112\/","token":"19.2\/8\/2\/19.2-112","metadata":false},{"id":83205,"structure_id":13847,"section_number":"19.2-113","catch_line":"Immunity from service of process in certain civil actions","url":"\/19.2-113\/","token":"19.2\/8\/2\/19.2-113","metadata":false},{"id":59781,"structure_id":13847,"section_number":"19.2-114","catch_line":"Written waiver of extradition proceedings","url":"\/19.2-114\/","token":"19.2\/8\/2\/19.2-114","metadata":false},{"id":58215,"structure_id":13847,"section_number":"19.2-115","catch_line":"Nonwaiver by this Commonwealth","url":"\/19.2-115\/","token":"19.2\/8\/2\/19.2-115","metadata":false},{"id":73194,"structure_id":13847,"section_number":"19.2-116","catch_line":"No right of asylum; no immunity from other criminal prosecutions while in this Commonwealth","url":"\/19.2-116\/","token":"19.2\/8\/2\/19.2-116","metadata":false},{"id":56484,"structure_id":13847,"section_number":"19.2-117","catch_line":"Interpretation of article","url":"\/19.2-117\/","token":"19.2\/8\/2\/19.2-117","metadata":false},{"id":58314,"structure_id":13847,"section_number":"19.2-118","catch_line":"Short title","url":"\/19.2-118\/","token":"19.2\/8\/2\/19.2-118","metadata":false},{"id":78136,"structure_id":13847,"section_number":"19.2-85","catch_line":"Definitions","url":"\/19.2-85\/","token":"19.2\/8\/2\/19.2-85","metadata":false},{"id":65799,"structure_id":13847,"section_number":"19.2-86","catch_line":"Fugitives from justice; duty of Governor","url":"\/19.2-86\/","token":"19.2\/8\/2\/19.2-86","metadata":false},{"id":68615,"structure_id":13847,"section_number":"19.2-87","catch_line":"Form of demand","url":"\/19.2-87\/","token":"19.2\/8\/2\/19.2-87","metadata":false},{"id":64331,"structure_id":13847,"section_number":"19.2-88","catch_line":"Governor may investigate case","url":"\/19.2-88\/","token":"19.2\/8\/2\/19.2-88","metadata":false},{"id":67006,"structure_id":13847,"section_number":"19.2-89","catch_line":"Extradition of persons imprisoned or awaiting trial in another state","url":"\/19.2-89\/","token":"19.2\/8\/2\/19.2-89","metadata":false},{"id":84684,"structure_id":13847,"section_number":"19.2-90","catch_line":"Extradition of persons who have left demanding state involuntarily","url":"\/19.2-90\/","token":"19.2\/8\/2\/19.2-90","metadata":false},{"id":71097,"structure_id":13847,"section_number":"19.2-91","catch_line":"Extradition of persons not in demanding state at time of commission of crime","url":"\/19.2-91\/","token":"19.2\/8\/2\/19.2-91","metadata":false},{"id":56509,"structure_id":13847,"section_number":"19.2-92","catch_line":"Issuance of Governor's warrant of arrest; its recitals","url":"\/19.2-92\/","token":"19.2\/8\/2\/19.2-92","metadata":false},{"id":61174,"structure_id":13847,"section_number":"19.2-93","catch_line":"Manner and place of execution of warrant","url":"\/19.2-93\/","token":"19.2\/8\/2\/19.2-93","metadata":false},{"id":78561,"structure_id":13847,"section_number":"19.2-94","catch_line":"Assistance to arresting officer","url":"\/19.2-94\/","token":"19.2\/8\/2\/19.2-94","metadata":false},{"id":77333,"structure_id":13847,"section_number":"19.2-95","catch_line":"Rights of accused persons; application for writ of habeas corpus","url":"\/19.2-95\/","token":"19.2\/8\/2\/19.2-95","metadata":false},{"id":68144,"structure_id":13847,"section_number":"19.2-96","catch_line":"Penalty for noncompliance with preceding section","url":"\/19.2-96\/","token":"19.2\/8\/2\/19.2-96","metadata":false},{"id":57942,"structure_id":13847,"section_number":"19.2-97","catch_line":"Confinement in jail when necessary","url":"\/19.2-97\/","token":"19.2\/8\/2\/19.2-97","metadata":false},{"id":61364,"structure_id":13847,"section_number":"19.2-98","catch_line":"Same; for prisoners being taken through Commonwealth","url":"\/19.2-98\/","token":"19.2\/8\/2\/19.2-98","metadata":false},{"id":70741,"structure_id":13847,"section_number":"19.2-99","catch_line":"Arrest prior to requisition","url":"\/19.2-99\/","token":"19.2\/8\/2\/19.2-99","metadata":false}],"previous_section":{"id":78561,"structure_id":13847,"section_number":"19.2-94","catch_line":"Assistance to arresting officer","url":"\/19.2-94\/","token":"19.2\/8\/2\/19.2-94","metadata":false},"next_section":{"id":68144,"structure_id":13847,"section_number":"19.2-96","catch_line":"Penalty for noncompliance with preceding section","url":"\/19.2-96\/","token":"19.2\/8\/2\/19.2-96","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-95\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0839\">839<\/a>.<\/p>","references":[{"id":59781,"section_number":"19.2-114","catch_line":"Written waiver of extradition proceedings","order_by":null,"url":"\/19.2-114\/"}],"refers_to":false,"permalink":{"id":171189,"object_type":"law","relational_id":77333,"identifier":"19.2-95","token":"19.2\/8\/2\/19.2-95","url":"\/19.2-95\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-95\/","token":"19.2\/8\/2\/19.2-95","dublin_core":{"Title":"Rights of accused persons; application for writ of habeas corpus","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-95","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>No person arrested upon such warrant shall be delivered over to the agent whom the <span class=\"dictionary\">executive authority<\/span> demanding him shall have appointed to receive him unless he shall first be taken forthwith before a <span class=\"dictionary\">judge<\/span> of a <span class=\"dictionary\">circuit<\/span> or general district <span class=\"dictionary\">court<\/span> in the Commonwealth, who shall inform him of the demand made for his surrender and of the <span class=\"dictionary\">crime<\/span> with which he is charged, and that he has the right to demand and procure legal <span class=\"dictionary\">counsel<\/span>; and if the prisoner or his <span class=\"dictionary\">counsel<\/span> shall state that he or they desire to test the legality of his <span class=\"dictionary\">arrest<\/span>, the <span class=\"dictionary\">judge<\/span> shall fix a reasonable time to be allowed him within which to apply for a <span class=\"dictionary\">writ<\/span> of <span class=\"dictionary\">habeas corpus<\/span>. When such <span class=\"dictionary\">writ<\/span> is applied for, notice thereof and of the time and place of <span class=\"dictionary\">hearing<\/span> thereon shall be given to the attorney for the Commonwealth of the county or city in which the <span class=\"dictionary\">arrest<\/span> is made and in which the <span class=\"dictionary\">accused<\/span> is in <span class=\"dictionary\">custody<\/span>, and to the agent of the demanding state.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRIGHTS OF ACCUSED PERSONS; APPLICATION FOR WRIT OF HABEAS CORPUS (\u00a7 19.2-95)\n\nNo person arrested upon such warrant shall be delivered over to the agent whom\nthe executive authority demanding him shall have appointed to receive him unless\nhe shall first be taken forthwith before a judge of a circuit or general\ndistrict court in the Commonwealth, who shall inform him of the demand made for\nhis surrender and of the crime with which he is charged, and that he has the\nright to demand and procure legal counsel; and if the prisoner or his counsel\nshall state that he or they desire to test the legality of his arrest, the judge\nshall fix a reasonable time to be allowed him within which to apply for a writ\nof habeas corpus. When such writ is applied for, notice thereof and of the time\nand place of hearing thereon shall be given to the attorney for the Commonwealth\nof the county or city in which the arrest is made and in which the accused is in\ncustody, and to the agent of the demanding state.\n\nHISTORY: Code 1950, \u00a7 19.1-59; 1960, c. 366; 1975, c. 495; 2005, c. 839.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}