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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 Texas, a waiver of extradition means that an individual who has been arrested in Texas agrees to be transferred to another state or jurisdiction without contesting the extradition process. This waiver simplifies the legal process by eliminating the need for an extradition hearing, which is a proceeding where the court determines the legality of the extradition request. When a defendant waives extradition, they consent to be returned to the requesting jurisdiction to face charges. This process is governed by both Texas state law and the Uniform Criminal Extradition Act (UCEA), which Texas has adopted. The UCEA sets forth the procedures for extradition between states, and Texas law provides the specific mechanisms for how extradition is handled within the state. By waiving extradition, the defendant expedites their return to the requesting state and forgoes the formalities and potential delays associated with challenging the extradition.

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