Section 1550.1 Of Chapter 4. Proceedings Against Fugitives From Justice From California Penal Code >> Title 12. >> Part 2. >> Chapter 4.
1550.1
. No person arrested upon such warrant shall be delivered
over to the agent of the executive authority demanding him unless he
is first taken forthwith before a magistrate, who shall inform him of
the demand made for his surrender, and of the crime with which he is
charged, and that he has the right to demand and procure counsel. If
the accused or his counsel desires to test the legality of the
arrest, the magistrate shall remand the accused to custody, and fix a
reasonable time to be allowed him within which to apply for a writ
of habeas corpus. If the writ is denied, and probable cause appears
for an application for a writ of habeas corpus to another court, or
justice or judge thereof, the order denying the writ shall remand the
accused to custody, and fix a reasonable time within which the
accused may again apply for a writ of habeas corpus. When an
application is made for a writ of habeas corpus as contemplated by
this section, a copy of the application shall be served as provided
in Section 1475, upon the district attorney of the county in which
the accused is in custody, and upon the agent of the demanding state.
A warrant issued in accordance with the provisions of Section 1549.2
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 Section 1549.1, 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.