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 Maryland, a waiver of extradition means that an individual who has been arrested in Maryland agrees to be transferred to another state or 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 rights, the defendant consents to be returned to the requesting jurisdiction to face charges. The process is governed by both Maryland law and the Uniform Criminal Extradition Act, which Maryland has adopted. This Act provides a legal framework for the extradition of fugitives among the states and outlines the procedures that must be followed. It's important to note that waiving extradition is a serious legal decision and should be made with the advice of an attorney, as it has significant implications for the defendant's legal rights and the conduct of their case.