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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 Illinois, a waiver of extradition means that an individual who has been arrested in Illinois for a crime committed in another state or jurisdiction has agreed to voluntarily return to the jurisdiction where the crime was 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 state or jurisdiction. The waiver is typically formalized through a written document in which the defendant acknowledges understanding their rights and the consequences of waiving extradition. Once the waiver is signed, Illinois authorities can transfer the individual to the requesting jurisdiction's custody. This process is governed by both Illinois state law and the Uniform Criminal Extradition Act, which Illinois has adopted, as well as any relevant federal laws.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Criminal procedure

extradition waiver

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