Skip to main content
Find a Lawyer

North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-13. (3-106) Rights of demanded person

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

1. A person arrested under a governor's warrant must be brought before the nearest available magistrate who shall receive the warrant and inform the person of:

a. The name of the state demanding extradition;

b. The crime charged or other basis for the demand;

c. The right to assistance of counsel; and

d. The right to a judicial hearing under section 29-30.3-14.

2. After being informed by the magistrate of the effect of a waiver, the demanded person may waive the right to a judicial hearing and consent to return to the demanding 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 executive authority of the demanding state, authorize the voluntary return of the person.

3. If a hearing is not waived, the magistrate shall hold it within ten days after the appearance. The demanded person and the state's attorney of the county in which the hearing is to be held must be informed of the time and the place of the hearing. The magistrate shall:

a. Release the person upon conditions that will reasonably assure availability of the person for the hearing; or

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

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-13. (3-106) Rights of demanded person - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-29-judicial-procedure-criminal/nd-cent-code-sect-29-30-3-13/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard