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North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-06. (2-103) Appearance prior to receipt of demand or request

Current as of January 01, 2024 | Updated by FindLaw Staff

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or 29-30.3-05 of:

a. The name of the other state that has subjected the person to an arrest warrant;

b. The basis for the arrest warrant in the other state;

c. The right to assistance of counsel; and

d. The right to require a judicial hearing under this chapter before transfer of custody to the other state.

2. After being informed by the magistrate of the effect of a waiver, the arrested person may waive the right to require a judicial hearing under this chapter and consent to return to the other state by executing a written waiver in the presence of the magistrate. If the waiver is executed, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 or, with the consent of the official upon whose application the arrest warrant was issued in the other state, authorize the voluntary return of the person to that state.

3. Unless a waiver is executed pursuant to subsection 2, the magistrate shall:

a. Release the person upon conditions that will reasonably assure availability of the person for arrest pursuant to section 29-30.3-12 or 29-30.3-18; or

b. Direct a law enforcement officer to maintain custody of the person.

Subject to section 29-30.3-07, the period of conditional release or custody may not exceed thirty days.

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Cite this article: FindLaw.com - North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-06. (2-103) Appearance prior to receipt of demand or request - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-29-judicial-procedure-criminal/nd-cent-code-sect-29-30-3-06/

Read this complete North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-06. (2-103) Appearance prior to receipt of demand or request on Westlaw. Westlaw subscription required.

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