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North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-19. (4-105) Rights of requested person

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

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of:

a. The name of the state requesting rendition;

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 pursuant to section 29-30.3-20.

2. After being informed by the magistrate of the effect of a waiver, the requested person may waive the right to a judicial hearing and consent to return to the requesting 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 consent of the official upon whose application the request was issued 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 requested person and the state's attorney of the county in which the hearing is to be held must be informed of the time and 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.

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Cite this article: FindLaw.com - North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-19. (4-105) Rights of requested person - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-29-judicial-procedure-criminal/nd-cent-code-sect-29-30-3-19/

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