State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-730

§15A‑730.  Rights of accused person; application for writ of habeascorpus.

No person arrested upon suchwarrant shall be delivered over to the agent whom the executive authoritydemanding him shall have appointed to receive him unless he shall first be takenforthwith before a judge of a court of record in this State, who shall informhim of the demand made for his surrender and of the crime with which he ischarged, and that he has the right to demand and procure legal counsel; and ifthe prisoner or his counsel shall state that he or they desire to test thelegality of his arrest, the judge of such court of record shall fix areasonable time to be allowed him within which to apply for a writ of habeascorpus. When such writ is applied for, notice thereof, and of the time andplace of hearing thereon, shall be given to the prosecuting officer of thecounty in which the arrest is made and in which the accused is in custody, andto the said agent of the demanding state. (1937, c. 273, s. 10; 1973,c. 1286, s. 16.)