Select your state

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 Hawaii, as in other states, a waiver of extradition means that a person who has been arrested can consent to be transferred to another jurisdiction without contesting the extradition process. This waiver simplifies the legal proceedings by eliminating the need for an extradition hearing, which is a formal court process where the requesting state must prove the validity of their request to have the individual transferred. When a defendant waives extradition, they are agreeing to be returned voluntarily to the jurisdiction that has issued the warrant for their arrest. This process is governed by both Hawaii state law and the Uniform Criminal Extradition Act, which Hawaii has adopted. The waiver must be made knowingly and voluntarily, often in the presence of an attorney, to ensure that the defendant understands the rights they are relinquishing.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal procedure

extradition waiver

Individual & Family Legal Plan

Articles

Hawaii State Code

Hawaii State Code

Criminal procedure

extradition waiver

Articles