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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 Massachusetts, a waiver of extradition means that a defendant who is arrested in the state agrees to be transferred to another jurisdiction without contesting the extradition process. This waiver can significantly expedite the transfer, as it eliminates the need for an extradition hearing, which is a legal proceeding where the court determines the legality of the extradition request. By waiving extradition, the defendant consents to be returned to the requesting state, country, or territory to face charges. The process is governed by both Massachusetts law and the Uniform Criminal Extradition Act (UCEA), which Massachusetts has adopted. The UCEA outlines the procedures for extradition between states, and a waiver of extradition simplifies this process by allowing for immediate transfer upon the agreement of the defendant.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Massachusetts State Code

Criminal procedure

extradition waiver

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