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 Arizona, a waiver of extradition means that a defendant who is arrested in Arizona agrees to be transferred to another state or jurisdiction without contesting the extradition process. This waiver can significantly expedite the transfer, as it eliminates the need for an extradition hearing, which is a legal proceeding where the court determines whether the transfer is lawful under the Uniform Criminal Extradition Act (UCEA), which Arizona has adopted. By waiving extradition rights, the defendant consents to be returned to the requesting state to face charges, and the usual formalities, such as the issuance of a Governor's warrant and the confirmation of the defendant's identity and legal basis for extradition, are bypassed. It's important for defendants to understand that waiving extradition is a serious legal decision with significant implications for their rights and the criminal process, and they should typically consult with an attorney before making such a decision.