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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 Michigan, a waiver of extradition means that an individual who has been arrested in Michigan for a crime committed in another state or jurisdiction voluntarily agrees to be returned to the 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. The waiver is typically formalized through a legal document in which the defendant acknowledges understanding their rights and the consequences of waiving extradition. Once the waiver is signed, Michigan authorities can transfer the individual to the requesting state or jurisdiction. It's important to note that before signing such a waiver, it is advisable for the individual to consult with an attorney to understand the full implications of the waiver.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Michigan State Code

Criminal procedure

extradition waiver

Michigan State Code

Articles