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Terms Used In Vermont Statutes Title 13 Sec. 4950

  • Arrest: Taking physical custody of a person by lawful authority.
  • executive authority: shall include the Governor, and any person performing the functions of governor in a state other than this state. See
  • 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: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

§ 4950. Rights of accused person; application for writ of habeas corpus

A person arrested upon such warrant shall not be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken forthwith before a judge of a court of record in this State, who shall inform him or her of the demand made for his or her surrender and of the crime with which he or she is charged, and that he or she has the right to demand and procure legal counsel. 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’s Attorney of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.