§ 2502. Fugitives from justice; duty of Governor. Subject to this subchapter, the provisions of the Constitution of the United States and any and all acts of Congress enacted in pursuance thereof, the Governor of this State shall have arrested and delivered up to the executive authority of any other state of the United States […]
§ 2503. Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 2506 of this title, that the accused was present in the demanding state at the time of the commission of […]
§ 2504. Investigation by Governor. When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigating the […]
§ 2505. Persons imprisoned or awaiting trial; involuntary departure. (a) When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending in another state, the Governor of this State may agree with the executive […]
§ 2506. Persons absent at time of commission of crime. The Governor of this State may surrender, on demand of the executive authority of any other state, any person in this State charged in such other state in the manner provided in § 2503 of this title with committing an act in this State, or […]
§ 2507. Governor’s warrant of arrest; issuance. If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom the Governor thinks fit to entrust with the execution thereof. […]
§ 2508. Contents of warrant. Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the State and to command the aid of all peace officers or other persons in the execution of the warrant, […]
§ 2509. Authority of arresting officer to command assistance. Every peace officer or other person empowered to make the arrest under this subchapter shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties […]
§ 2510. Rights of accused; habeas corpus. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record or a justice of the peace in […]
§ 2511. Denial of rights of accused; penalty. Whoever, being an officer, delivers to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant, in wilful disobedience of § 2510 of this title, shall be fined not more than $1,000 or imprisoned not more than 6 months, […]
§ 2512. Confinement in jail. (a) The officer or persons executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in the jail of any county, town or city through which the officer passes; and the keeper of such […]
§ 2513. Arrest prior to requisition. Whenever any person within this State shall be charged on the oath of any credible person before any judge or justice of the peace of this State with the commission of any crime in any other state and, except in cases arising under § 2506 of this title, with […]
§ 2514. Arrest without warrant. The arrest of a person may be lawfully made by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when […]
§ 2515. Commitment awaiting requisition; bail. If from the examination before the judge or justice of the peace it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 2506 of this title, that the person has fled from justice, the judge or […]
§ 2516. Admission to bail; conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or justice of the peace in this State may admit the person arrested […]
§ 2517. Extension of time of commitment. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or justice of the peace may discharge the accused or may recommit the accused for a further period not to exceed 60 days, […]
§ 2518. Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the bond, the judge or justice of the peace by proper order shall declare the bond forfeited and order the accused’s immediate arrest, without warrant if the accused is within this State. […]
§ 2519. Persons under criminal prosecution. If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor, in the Governor’s discretion, either may surrender the accused on demand of the executive authority of another state or hold the accused until the accused has been […]
§ 2520. Inquiry into guilt of accused. The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this subchapter […]
§ 2521. Recall of warrant; issuance of alias. The Governor may recall the Governor’s own warrant of arrest or may issue another warrant whenever the Governor deems proper. 41 Del. Laws, c. 213, § 21; 11 Del. C. 1953, § 2521; 70 Del. Laws, c. 186, § 1;
