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 Florida, a waiver of extradition means that an individual who has been arrested in Florida agrees to be transferred to another state or jurisdiction without contesting the extradition process. This waiver can significantly expedite the transfer, as it eliminates the need for an extradition hearing, which is a legal proceeding where the court determines the legality of the extradition request. Under Florida Statute 941.10, when a person is arrested in Florida on charges from another state, they may sign a written waiver of extradition proceedings, consenting to return to the requesting state. This waiver must be executed voluntarily and with an understanding of the rights being relinquished. Once the waiver is signed, Florida authorities coordinate with the other state to arrange the transfer of the defendant. It's important to note that waiving extradition is a serious legal decision, and individuals should typically consult with an attorney before making such a decision.