What does to “waive extradition” mean?
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What does to “waive extradition” mean?
I have a friend that has a warrant in one state but is in jail in another state and extradition was waived. How kong can they hold him for?
Asked on April 23, 2012 under Criminal Law, Utah
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
To waive extradition means that your friend will not challenge extradition to have him returned to the state where the warrant was issued. Extradition is the process in which one state wants to enforce its warrant against your friend by having him returned to the state where the warrant was issued even though your friend is out of their jurisdiction (in another state). When your friend is extradited, he will be facing prosecution in the state to which he is extradited.
As to how long your friend will be held, this depends on the state's procedures where he is currently in jail for extraditing him back to the state that has issued the warrant.
Alan Pransky / Law Office of Alan J Pransky
Answered 12 years ago | Contributor
A person is extradited from one state to another when there is an out of state warrant for their arrest and the other state is willing to spend money and resources to compel them to come to the state to answer for the crime alleged. An accused has the right to oppose the extradition which would result in court hearings in the responding state. During these hearings the person is usually under arrest. To waive extradition is to waive the hearings in the responding state and to go to the other state immediately.
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