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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77333</law_id><section_number>19.2-95</section_number><catch_line>Rights of accused persons; application for writ of habeas corpus</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-114</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="8">Extradition of Criminals</unit><unit label="article" level="3" order_by="1" identifier="2">Uniform Criminal Extradition Act</unit></structure><text>
						<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></text><history>Code 1950, &#xA7; 19.1-59; 1960, c. 366; 1975, c. 495; 2005, c. 839.</history><metadata></metadata></law>
