Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 941.10 | Lawyer Caselaw & Research
F.S. 941.10 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 941.10

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 941
CORRECTIONS: INTERSTATE COOPERATION
View Entire Chapter
F.S. 941.10
941.10 Rights of accused person; application for writ of habeas corpus.
(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.
History.s. 10, ch. 20460, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 65-518; s. 44, ch. 73-334; s. 9, ch. 88-381; s. 1, ch. 93-126; s. 1601, ch. 97-102.

F.S. 941.10 on Google Scholar

F.S. 941.10 on Casetext

Amendments to 941.10


Arrestable Offenses / Crimes under Fla. Stat. 941.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 941.10.



Annotations, Discussions, Cases:

Cases from cite.case.law:

W. BURKHART, Jr. v. JENNE, As, 814 So. 2d 1064 (Fla. Dist. Ct. App. 2001)

. . . See § 941.10(1), Fla. Stat. (2000). . . .

F. BENTZEL, v. STATE, 585 So. 2d 1118 (Fla. Dist. Ct. App. 1991)

. . . Based upon our conclusion that claimant was statutorily entitled to counsel pursuant to section 941.10 . . . clauses of the Fourteenth Amendment; and that he was statutorily entitled to counsel under section 941.10 . . . decline to reach the appellant’s constitutional arguments, because we find a statutory basis in section 941.10 . . . At the outset, it is necessary to explain why our decision is grounded upon section 941.10(1), which . . . Section 941.10(1) provides: No person arrested upon such warrant shall be delivered over to the agent . . .

L. SILVERS, v. COLEMAN,, 504 So. 2d 20 (Fla. Dist. Ct. App. 1987)

. . . In his briefs, the appellant asserts that he has rights under section 941.10, Florida Statutes (1985) . . .

STATE v. DAVILA,, 481 So. 2d 486 (Fla. Dist. Ct. App. 1985)

. . . that the scope of inquiry of the trial court, in habeas corpus proceedings brought pursuant to section 941.10 . . .

JOSEY, v. GALLOWAY,, 482 So. 2d 376 (Fla. Dist. Ct. App. 1985)

. . . See section 941.10, Florida Statutes (1983). . . .

MANN, v. WARDEN OF EGLIN AIR FORCE BASE,, 771 F.2d 1453 (11th Cir. 1985)

. . . actually within its borders, and thus he argues that under Cuyler he should benefit from Florida Statute § 941.10 . . .

MASCIARELLI v. BRESCHER, In BROWARD COUNTY,, 459 So. 2d 1168 (Fla. Dist. Ct. App. 1984)

. . . We do so upon the authority of Section 941.10, Florida Statutes (1983); Fauls v. . . .

TODD, Jr. v. FLORIDA PAROLE PROBATION COMMISSION,, 410 So. 2d 584 (Fla. Dist. Ct. App. 1982)

. . . The extradition rights of an accused person are set forth in § 941.10, Florida Statutes (1979), a law . . .

G. MOORE, v. STATE, 407 So. 2d 991 (Fla. Dist. Ct. App. 1981)

. . . . § 941.10, Fla.Stat. (1979). . . .

J. FAULS, v. SHERIFF OF LEON COUNTY,, 394 So. 2d 117 (Fla. 1981)

. . . Section 941.10, Florida Statutes (1979). . . .

A. B. G. INSTRUMENT ENGINEERING, INC. v. UNITED STATES, 593 F.2d 394 (Ct. Cl. 1979)

. . . We offer a 5% consideration or $1,847.06 for the total amount of both shipments of $36,-941.10. . . .

BREAZEALE, v. R. M. BRADLEY,, 582 F.2d 5 (5th Cir. 1978)

. . . . § 941.10 (West Supp.1978). . . .

A. PAYNE, v. O D. ASKEW, L., 350 So. 2d 831 (Fla. Dist. Ct. App. 1977)

. . . application for habeas corpus because the trial court failed to follow the procedure set forth in Section 941.10 . . . Petitioner was arrested and in accordance with the provisions of Section 941.10(1) was taken before a . . . Section 941.10(1) states: “No person arrested upon such warrant shall be delivered over to the agent . . . arrest, failing to require him to file an application for writ of habeas corpus as required by Section 941.10 . . . At the initial proceeding under Section 941.10(1), the trial court is permitted to do no more than (1 . . .

STATE v. D. COX,, 306 So. 2d 156 (Fla. Dist. Ct. App. 1974)

. . . . § 941.10 (1973). In this habeas corpus proceeding, the extent of inquiry is narrow. . . .

STATE, LATINO v. BUCHANAN,, 27 Fla. Supp. 119 (Dade Cty. Cir. Ct. 1965)

. . . In the face of this record the court finds that the provisions of §941.10, Florida Statutes, have been . . .

Co. v., 7 B.T.A. 532 (B.T.A. 1927)

. . . Auto up-keep- 119.36 Light_ 18. 62 Stable_ 324. 00 Entertaining_ 440.55 Professional_ 60. 00 Rent_ 941.10 . . .