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 Iowa, a waiver of extradition means that an individual who has been arrested in Iowa for a crime committed in another state, or who is found in Iowa and is wanted for a crime in another jurisdiction, voluntarily agrees to be returned to the state or jurisdiction where the crime was allegedly committed 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 jurisdiction. By waiving extradition rights, the individual consents to be taken into custody by the appropriate authorities and transported to the jurisdiction seeking to prosecute them. The waiver must be made knowingly and voluntarily, often in the presence of an attorney to ensure that the individual understands the rights they are relinquishing.