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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 Virginia, a waiver of extradition means that an individual who has been arrested in Virginia for a crime committed in another state or jurisdiction can voluntarily waive their right to an extradition hearing. By doing so, they agree to be transferred to the jurisdiction where the crime was allegedly committed without contesting the transfer process. This waiver simplifies the legal proceedings by eliminating the need for the requesting state to submit formal extradition requests and for Virginia to conduct a hearing to determine the legality of the extradition. The waiver is typically executed in writing, often as part of the arrest process, and must be made knowingly and voluntarily. Once the waiver is signed, Virginia authorities will coordinate with the other jurisdiction to arrange for the transfer of the defendant.

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Criminal procedure

extradition waiver

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Virginia State Code

Virginia State Code

Criminal procedure

extradition waiver

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