§ 10.88.290. Rights of person arrested
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 court of record in this state, 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 of such court of record 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 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: PROVIDED, That the hearing provided for in this section shall not be available except as may be constitutionally required if a hearing on the legality of arrest has been held pursuant to RCW 10.88.320 or 10.88.330.
[1971 ex.s. c 46 § 10.]
Sections: Previous 10.88.220 10.88.230 10.88.240 10.88.250 10.88.260 10.88.270 10.88.280 10.88.290 10.88.300 10.88.310 10.88.320 10.88.330 10.88.340 10.88.350 10.88.360 NextLast modified: April 7, 2009