2005 Idaho Code - 19-4510 — RIGHTS OF ACCUSED -- RIGHT TO APPLY FOR WRIT OF HABEAS CORPUS

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 45
                        PROCEEDINGS AGAINST FUGITIVES
                                 FROM JUSTICE
    19-4510.  RIGHTS OF ACCUSED -- RIGHT TO APPLY FOR WRIT OF HABEAS CORPUS.
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 has been informed of the demand made for his surrender and of the
crime with which he is charged, and that he has the right to demand legal
counsel; and if the prisoner, his friends, or counsel shall state that he or
they desire to test the legality of the arrest, the prisoner shall be taken
forthwith before a judge of a court of record in this state, who shall fix a
reasonable time to be allowed him within which to apply for a writ of habeas
corpus. And when such writ is applied for, notice thereof, and of the time and
place of hearing thereon, shall be given to the public prosecuting officer of
the county in which the arrest is made and in which the accused is in custody,
and to the said agent of the demanding state.