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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 Delaware, a waiver of extradition means that a defendant who is arrested in Delaware agrees to be transferred to another state or jurisdiction without contesting the transfer process. This waiver simplifies the legal process by eliminating the need for an extradition hearing, which is a court proceeding where the state seeking extradition must prove that the individual is the correct person and that they are charged with a crime in the requesting state. By waiving extradition, the defendant consents to be returned to the requesting jurisdiction to face charges. This process is governed by Delaware's Uniform Criminal Extradition Act, as well as applicable federal laws that regulate interstate extradition. It's important for defendants to understand that waiving extradition is a legal decision with significant consequences, and they should typically consult with an attorney before making such a decision.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Criminal procedure

extradition waiver

Articles