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 Colorado, a waiver of extradition means that an individual who has been arrested in Colorado for a crime committed in another state or jurisdiction agrees to be transferred to the jurisdiction where the crime occurred without contesting the extradition process. This waiver simplifies the legal process by eliminating the need for an extradition hearing, which would otherwise determine whether the individual should be legally surrendered to the other jurisdiction. The waiver is typically formalized through a legal document that the defendant signs, often in the presence of an attorney, acknowledging their understanding of the rights they are relinquishing and their consent to be returned to the requesting jurisdiction. Once the waiver is signed, Colorado authorities can transfer the individual to the other state or jurisdiction's law enforcement without further court proceedings in Colorado.