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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 North Carolina, a waiver of extradition means that an individual who has been arrested agrees to be transferred to another jurisdiction without contesting the extradition process. This waiver can significantly streamline the legal proceedings, as it eliminates the need for an extradition hearing, which is a formal court procedure where the holding state 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. This process is governed by both North Carolina state law and the Uniform Criminal Extradition Act, which North Carolina has adopted. The waiver must be made knowingly and voluntarily, often in the presence of a judge, and after the defendant has been informed of their rights regarding extradition.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

Criminal procedure

extradition waiver

Articles