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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 Tennessee, a waiver of extradition means that an individual who has been arrested in Tennessee 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. By waiving extradition rights, the defendant consents to be returned to the requesting jurisdiction to face charges. The process is governed by both Tennessee 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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Tennessee State Code

Tennessee State Code

Criminal procedure

extradition waiver

Articles