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 Louisiana, a waiver of extradition means that a defendant who is arrested in Louisiana but is wanted for prosecution in another state can voluntarily waive their right to an extradition hearing. By signing a waiver of extradition, the defendant agrees to be transferred to the requesting state without contesting the transfer process. This waiver simplifies the legal process by eliminating the need for the requesting state to submit formal extradition paperwork and for Louisiana to conduct a hearing to determine whether extradition is appropriate. The waiver must be made knowingly and voluntarily, often with the defendant being advised of their rights by an attorney. Once the waiver is signed, Louisiana authorities will coordinate with the other state to arrange for the defendant's transfer.