LegalFix

Section 45-27-84.06 - Notice; extradition proceeding; waiver.

AL Code § 45-27-84.06 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) No tribal fugitive shall be delivered to an agent appointed by the tribe to receive the tribal fugitive until first being taken before the district court judge, who shall inform the accused tribal fugitive of the demand for extradition, the crime charged, and of his or her right to request counsel.

(b)(1) If the accused tribal fugitive or his or her counsel state the desire to test the legality of the arrest, the accused tribal fugitive shall be taken before the district court judge within 72 hours for an extradition proceeding.

(2) The time and place of the extradition proceeding shall be given by the court conducting the proceeding to the district attorney of the county and to the Office of the Attorney General of the tribe.

(c)(1) A formal extradition proceeding under this part may be waived if the accused tribal fugitive making the waiver, knowingly, and in the presence of the district court judge, signs a statement that the accused tribal fugitive consents to return to the demanding authority.

(2) Before a waiver under this subsection may be executed, the district court judge shall inform the accused tribal fugitive of his or her rights and the procedures available to him or her under this section.

(d) Nothing in this section shall be construed to imply that an accused tribal fugitive is entitled to an attorney at the expense of the state.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 45-27-84.06 - Notice; extradition proceeding; waiver.