Idaho Code 19-4510 – Rights of Accused Person — Application for Writ of Habeas Corpus
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Terms Used In Idaho Code 19-4510
- Arrest: Taking physical custody of a person by lawful authority.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114
No person arrested upon such warrant shall be delivered over to the appointed agent for the executive authority demanding him unless he shall first be taken forthwith before a judge or magistrate 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; if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge or magistrate 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.