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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 Georgia, a waiver of extradition means that an individual who has been arrested in Georgia for a crime committed in another state or jurisdiction can voluntarily agree to be returned 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 transferred to the requesting state. By signing a waiver of extradition, the defendant acknowledges and accepts that they will be transferred to the other jurisdiction to face charges. This process is governed by both Georgia state law and the U.S. Constitution's Extradition Clause, which requires states to surrender individuals to other states where they have been charged with crimes.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Georgia State Code

Criminal procedure

extradition waiver

Georgia State Code

Articles