NRS 179.197
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 has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel.

2.

If the prisoner or the prisoner’s counsel state that the prisoner 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 within which to apply to the district court for a writ of habeas corpus.

3.

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 agent of the demanding state.

Source: Section 179.197 — Rights of accused person; application for writ of habeas corpus., https://www.leg.state.nv.us/NRS/NRS-179.html#NRS179Sec197.

179.177
Short title. 179.179
Definitions. 179.181
Fugitives from justice 179.183
Form of demand. 179.185
Governor may investigate case. 179.187
Extradition of persons imprisoned or awaiting trial in another state or who have left demanding state under compulsion. 179.189
Extradition of persons not present in demanding state at time of commission of crime. 179.191
Governor’s warrant of arrest. 179.193
Manner and place of execution. 179.195
Authority of arresting officer. 179.197
Rights of accused person 179.201
Confinement in jail or detention facility when necessary. 179.203
Arrest before requisition. 179.205
Arrest without warrant. 179.207
Commitment to await requisition 179.209
Bail: In what cases 179.211
Extension of time of commitment 179.213
Forfeiture of bail. 179.215
Persons under criminal prosecution in this State at time of requisition. 179.217
Guilt or innocence of accused: When inquired into. 179.219
Governor may recall warrant or issue alias. 179.221
Fugitives from this State 179.223
Application for issuance of requisition: By whom made 179.225
Costs and expenses. 179.227
Immunity from service of process in certain civil actions. 179.229
Written waiver of extradition proceedings. 179.231
Nonwaiver by this State. 179.233
No right of asylum 179.235
Interpretation.

Last Updated

Jun. 24, 2021

§ 179.197’s source at nv.us

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Location: https://nevada.public.law/statutes/nrs_179.197

Original Source: Section 179.197 — Rights of accused person; application for writ of habeas corpus., https://www.leg.state.nv.us/NRS/NRS-179.html#NRS179Sec197 (last accessed Jun. 24, 2021).