(a) No person arrested upon a warrant of arrest issued under this division 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, the crime with which he is charged and that he has the right to demand legal counsel.
(b) 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 district or circuit court in this state, who 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 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.
(c) Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor’s warrant in disobedience of this section shall be guilty of a misdemeanor, and on conviction shall be fined not more than $1,000.00 or be imprisoned not more than six months or both.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §§57, 58.)
Notes of Decisions
Cited in
4
cases, 1980–2006 · leading case:
Battles v. State, 389 So. 2d 957 (Ala. Crim. App. 1980).
Battles v. State, 389 So. 2d 957 (Ala. Crim. App. 1980).
“” “§ 15-9-38. What supporting documents to show.”
Barbour v. Haley, 410 F. Supp. 2d 1120 (M.D. Ala. 2006).
· cites it 2× “AiaCode § 15-9-38 addresses access to counsel and "gives a person .”
Hester v. State, 444 So. 2d 1 (Ala. Crim. App. 1983).
· cites it 2× “That Section merely requires that, before an arrestee is delivered over to agents of the state requesting his extradition, the arrestee must be “informed of the demand made for his surrender, the crime with which he is charged, and that he has the right to demand legal counsel.”
Coulter v. State, 611 So. 2d 1129 (Ala. Crim. App. 1992).
“Certain rights of arrestees sought to be extradited are outlined in § 15-9-38, Code of Alabama 1975. The procedures for transfer under the Interstate Agreement on Detainers Act depend on whether the disposition of the pending charges is sought by the prisoner or by an…”
Ala. Code § 15-9-38(a): 1 case
Hester v. State, 444 So. 2d 1 (Ala. Crim. App. 1983).
“That Section merely requires that, before an arrestee is delivered over to agents of the state requesting his extradition, the arrestee must be “informed of the demand made for his surrender, the crime with which he is charged, and that he has the right to demand legal counsel.”
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treatment. Dots show Syfertize treatment of the citing case itself.