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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 New York, 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 by eliminating the need for an extradition hearing, which is a formal court process where the requesting state must prove the validity 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 New York state law and the U.S. Constitution's Extradition Clause. It's important for defendants to understand that waiving extradition is a legal decision with significant consequences, and they should typically consult with an attorney before making such a decision.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Criminal procedure

extradition waiver