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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 Montana, a waiver of extradition means that a defendant who has been arrested in Montana agrees to be transferred to another state or jurisdiction 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 defendant should be legally transferred to the requesting jurisdiction. When a defendant waives extradition, they consent to be returned to the jurisdiction where the charges are pending, and Montana authorities will cooperate with the other state or jurisdiction to facilitate the transfer. This process is governed by both Montana state statutes and federal law, which provide the legal framework for extradition between states and ensure that the rights of the defendant are considered even when they choose to waive the formal extradition proceedings.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Criminal procedure

extradition waiver

Articles