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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 Washington State, a waiver of extradition means that a defendant who is arrested in Washington for a crime committed in another state or jurisdiction can voluntarily waive their right to an extradition hearing. By doing so, the defendant agrees to be transferred to the requesting jurisdiction without contesting the transfer process. This waiver simplifies the legal process, as it eliminates the need for the formal extradition proceedings that would otherwise be required under the Uniform Criminal Extradition Act (UCEA), which Washington has adopted. The waiver must be made knowingly and voluntarily, often in the presence of an attorney to ensure that the defendant understands the rights they are relinquishing. Once the waiver is signed, Washington authorities will coordinate with the other jurisdiction to arrange for the defendant's return to face charges.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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Washington State Code

Washington State Code

Criminal procedure

extradition waiver

Articles