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 Jersey, a waiver of extradition means that an individual who has been arrested in New Jersey agrees to be transferred to another state or jurisdiction without contesting the extradition process. This waiver can significantly expedite the transfer process, as it eliminates the need for an extradition hearing, which is a legal proceeding where the court determines the legality of the extradition request. When a defendant waives extradition, they are consenting to be returned to the requesting jurisdiction to face charges. This process is governed by both New Jersey state law and the U.S. Constitution's Extradition Clause. New Jersey's extradition statutes are outlined in the New Jersey Code of Criminal Justice, and they provide the procedures for both demanding and waiving extradition. It's important for defendants to understand that waiving extradition is a serious legal decision with significant implications, and they should typically consult with an attorney before making such a decision.