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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 West Virginia, a waiver of extradition is a legal agreement where a defendant, who has been arrested in West Virginia, consents to be transferred to another state, country, or jurisdiction without contesting the extradition process. This waiver means that the defendant will not undergo an extradition hearing in West Virginia, which is a legal proceeding to determine whether the transfer is lawful under the U.S. Constitution, federal law, and state statutes. By waiving extradition, the defendant agrees to be returned promptly to the requesting jurisdiction to face charges. This process is typically governed by the Uniform Criminal Extradition Act, which West Virginia has adopted, as well as any relevant federal laws and interstate agreements that apply to extradition cases.

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Criminal procedure

extradition waiver

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Criminal procedure

extradition waiver

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