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Criminal procedure

extradition waiver

A waiver of extradition occurs when a defendant who is arrested and held in one state, country, territory, or other jurisdiction voluntarily waives the right to challenge extradition to another state, country, territory, or jurisdiction to be prosecuted or stand trial for a criminal offense in that other state, country, territory, or jurisdiction. If such a defendant waives extradition, he or she will be returned to the requesting jurisdiction without the need for an extradition hearing and the related procedures.

In Arkansas, a waiver of extradition means that an individual who has been arrested in the state agrees to be transferred to another jurisdiction without contesting the extradition process. This waiver effectively bypasses the need for an extradition hearing, which is a legal proceeding where the court determines the legality of the extradition request. By waiving extradition, the defendant consents to be returned to the requesting state, country, or territory to face criminal charges or trial. The waiver must be made knowingly and voluntarily, often in the presence of an attorney to ensure that the defendant understands the rights being relinquished. Arkansas state law, in accordance with federal law, governs the extradition process and the requirements for a valid waiver.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Criminal procedure

extradition waiver

Articles