                                 CODE OF VIRGINIA

RIGHTS OF ACCUSED PERSONS; APPLICATION FOR WRIT OF HABEAS CORPUS (§ 19.2-95)

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.

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