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 New Hampshire, a waiver of extradition means that an individual who has been arrested can voluntarily agree to be transferred to another jurisdiction without contesting the extradition process. This typically involves signing a waiver in the presence of a judge or magistrate, where the defendant acknowledges understanding their rights and the consequences of waiving extradition. By waiving extradition, the defendant expedites the process of being returned to the requesting state or jurisdiction to face charges, thereby foregoing the formal extradition hearing and any associated legal proceedings that would determine whether extradition is warranted under the circumstances. New Hampshire's procedures for dealing with extradition are outlined in the New Hampshire Revised Statutes Annotated (RSA), specifically in RSA 606-A, which governs interstate extradition. The waiver of extradition simplifies the legal process and is often used to speed up the transfer of a defendant when they agree to voluntarily face the charges in the jurisdiction where the offense was allegedly committed.