Florida statute

Fla. Stat. § 941.10 — Rights of accused person; application for writ of habeas corpus

Current through 2025 Florida Statutes

Part of Part I: Uniform Interstate Extradition, Florida Statutes.

Full text of Fla. Stat. § 941.10

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 941.10Primary source, current through the 2025 Florida Statutes

(1) No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive him or her unless the person shall first be taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for his or her surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she 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 him or her within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the state attorney for the county in which the arrest is made, and in which the accused is in custody, and to the said agent of the demanding state. (2) A warrant issued under s. 941.07 shall be presumed to be valid, and unless a court finds that the person in custody is not the same person named in the warrant, or that the person is not a fugitive from justice, or otherwise subject to extradition under s. 941.06, or that there is no criminal charge or criminal proceeding pending against the person in the demanding state, or that the documents are not on their face in order, the person named in the warrant shall be held in custody at all times and shall not be eligible for release on bail.

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Legal terms used in this section

Questions this section answers

Is penalty for noncompliance with s. 941.10 a felony or a misdemeanor in Florida?

Penalty for noncompliance with s. 941.10 is a Misdemeanor of the Second Degree in Florida under Fla. Stat. § 941.11.

What are the penalties for penalty for noncompliance with s. 941.10 in Florida?

As a Misdemeanor of the Second Degree, penalty for noncompliance with s. 941.10 carries up to 60 days (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $500 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

Which Florida statute covers penalty for noncompliance with s. 941.10?

Penalty for noncompliance with s. 941.10 is governed by Fla. Stat. § 941.11 (Penalty for noncompliance with s. 941.10).

This reference is informational and is not legal advice.