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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 Oklahoma, a waiver of extradition means that an individual who has been arrested in Oklahoma for a crime committed in another state or jurisdiction voluntarily agrees to be transferred to the requesting 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 individual should be legally transferred to face charges. The waiver is typically formalized through a legal document that the defendant signs, often in the presence of an attorney, acknowledging their understanding of the rights they are relinquishing and their consent to be returned to the requesting jurisdiction. Oklahoma statutes and the Uniform Criminal Extradition Act, which Oklahoma has adopted, govern the extradition process, including the waiver of extradition.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Oklahoma State Code

Oklahoma State Code

Criminal procedure

extradition waiver

Articles