Florida Statute 941.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 941
CORRECTIONS: INTERSTATE COOPERATION

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F.S. 941.10

941.10 Rights of accused person; application for writ of habeas corpus.—

(1) No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive him or her unless the person shall first be taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for his or her surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her 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 state attorney for 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.

(2) A warrant issued under s. 941.07 shall be presumed to be valid, and unless a court finds that the person in custody is not the same person named in the warrant, or that the person is not a fugitive from justice, or otherwise subject to extradition under s. 941.06, or that there is no criminal charge or criminal proceeding pending against the person in the demanding state, or that the documents are not on their face in order, the person named in the warrant shall be held in custody at all times and shall not be eligible for release on bail.

History.—s. 10, ch. 20460, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 65-518; s. 44, ch. 73-334; s. 9, ch. 88-381; s. 1, ch. 93-126; s. 1601, ch. 97-102.

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Amendments to 941.10

Arrestable Offenses / Crimes under Fla. Stat. 941.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 941.10.

Annotations, Discussions, Cases:

Cases Citing Statute 941.10

Total Results: 11

Burkhart v. Jenne

Court: District Court of Appeal of Florida | Date Filed: 2001-09-28

Citation: 814 So. 2d 1064, 2001 Fla. App. LEXIS 15905, 2001 WL 1660259

Snippet: legality of the extradition may be tested. See § 941.10(1), Fla. Stat. (2000). Under section 941.16, a

Bentzel v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-09-12

Citation: 585 So. 2d 1118, 1991 Fla. App. LEXIS 9087, 1991 WL 180707

Snippet: statutorily entitled to counsel pursuant to section 941.10(1), Florida Statutes (1989), we reverse and remand

Silvers v. Coleman

Court: District Court of Appeal of Florida | Date Filed: 1987-02-18

Citation: 504 So. 2d 20, 12 Fla. L. Weekly 584, 1987 Fla. App. LEXIS 6838

Snippet: appellant asserts that he has rights under section 941.10, Florida Statutes (1985), and indicates that he

State v. Davila

Court: District Court of Appeal of Florida | Date Filed: 1985-11-20

Citation: 481 So. 2d 486, 10 Fla. L. Weekly 2609

Snippet: corpus proceedings brought pursuant to section 941.10, Florida Statutes (1983), is extremely limited

Josey v. Galloway

Court: District Court of Appeal of Florida | Date Filed: 1985-09-26

Citation: 482 So. 2d 376, 10 Fla. L. Weekly 2238

Snippet: 620 F.2d 481, 483 (5th Cir.1980). See section 941.10, Florida Statutes (1983). To be a fugitive from

Masciarelli v. Brescher ex rel. Broward County

Court: District Court of Appeal of Florida | Date Filed: 1984-12-05

Citation: 459 So. 2d 1168, 9 Fla. L. Weekly 2536, 1984 Fla. App. LEXIS 16044

Snippet: proceedings. We do so upon the authority of Section 941.10, Florida Statutes (1983); Fauls v. Sheriff of Leon

Todd v. Florida Parole & Probation Commission

Court: District Court of Appeal of Florida | Date Filed: 1982-02-23

Citation: 410 So. 2d 584, 1982 Fla. App. LEXIS 19333

Snippet: rights of an accused person are set forth in § 941.10, Florida Statutes (1979), a law administered by

Moore v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-12-15

Citation: 407 So. 2d 991

Snippet: extradition may seek a writ of habeas corpus. § 941.10, Fla. Stat. (1979). Our scope of review of a habeas

Fauls v. Sheriff of Leon County

Court: Supreme Court of Florida | Date Filed: 1981-01-29

Citation: 394 So. 2d 117

Snippet: warrant in a habeas corpus proceeding. Section 941.10, Florida Statutes (1979). The role of the trial

Payne v. Askew

Court: District Court of Appeal of Florida | Date Filed: 1977-10-17

Citation: 350 So. 2d 831

Snippet: failed to follow the procedure set forth in Section 941.10(1), Florida Statutes (1975). A grand jury of the

State v. Cox

Court: District Court of Appeal of Florida | Date Filed: 1974-11-01

Citation: 306 So. 2d 156

Snippet: is to seek a writ of habeas corpus. Fla. Stat. § 941.10 (1973). In this habeas corpus proceeding, the extent