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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 Wisconsin, a waiver of extradition means that an individual who has been arrested in Wisconsin for a crime committed in another state or jurisdiction agrees to voluntarily return to the jurisdiction where the crime was committed 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 the requesting state or jurisdiction. 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 immediately returned to the requesting jurisdiction. Once the waiver is signed, Wisconsin authorities coordinate with the other jurisdiction to arrange for the transfer of the defendant.

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Criminal procedure

extradition waiver

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Wisconsin State Code

Criminal procedure

extradition waiver

Wisconsin State Code

Articles