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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 South Carolina, a waiver of extradition means that an individual who has been arrested in the state agrees to be transferred to another jurisdiction without contesting the extradition process. This typically occurs when the individual is wanted for a crime in another state or jurisdiction. By signing a waiver of extradition, the defendant relinquishes their right to an extradition hearing, which is a legal proceeding where the court determines whether the extradition is lawful and whether the individual should be surrendered to the requesting state. The waiver simplifies the process, allowing for a quicker transfer to the jurisdiction where the charges are pending. It's important to note that waiving extradition does not mean the individual is admitting guilt; it simply means they are agreeing to be moved to the jurisdiction where the charges have been filed to address the criminal matter there.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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South-Carolina State Code

Criminal procedure

extradition waiver

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