0
Example: you a charged with a crime in NC. You evaded arrest, so now there's an "outstanding warrant" for your arrest. You're in Iowa, you get pulled over and the cop runs your license, you'll pop on the warrant if the cop decides to do a detailed search, as oppose to just searching in Iowa; or if you're entered into the NCIC database, then it's a nation-wide warrant because now you're a "Wanted Person". Iowa, the arresting/sending state has to arrest you on your "out of county warrant". Iowa will then call NC and ask if they will come get you (extradite). If NC says no, then Iowa has to release you, because you are not charged with any crime in Iowa. If NC says yes, then Iowa must hold you, at the expense of NC, until they come get you. NC has 30 days to process their paperwork, to get a formal request for the demand of Iowa to surrender you over to face your charges in NC. This formal request is a Governor's request from NC for your return. However, you can also fight extradition base on legal grounds; such as, if the crime you're charge with in NC is not a crime in Iowa, you can request Iowa to deny extradition; or if the crime you are charged with carries a death penalty sentence in NC, but since Iowa does not practice capital punishment, you can request Iowa deny extradition base on that. Waiving extradition means you consent to be return from Iowa to NC. People usually choose to waive extradition because once waived, the requesting state has 10 days to come get you; as oppose to the 30 days for the formal request, or the months of trial when you fight extradition. Waiving extradition does not mean you are entering any plea or admitting to anything; it simple means you are willing to return to the state that wants you to face their charges.
Short Answer: If apprehended on a warrant and being held for extradition you can voluntarily choose to return (waive extradition) or you can choose to fight extradition in the court system of the state that apprehended you.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoWhen a person wanted in one state is arrested in another, the state that holds the arrest warrant has to obtain permission from the state where the person is held before they can go and retrieve him. The accused can contest this to the court in the state where he is being held in an attempt to convince the court that the charge is invalid, there is a case of mistaken identity, or that he will be harmed if the other state's officers are allowed to bring him back. That is called "challenging extradition." If the accused person "waives extradition," he is acknowledging that the state that wants him back has good reason for doing so, and telling the state where he is being held there is no reason to oppose his extradition.
Wiki User
∙ 9y agoThe expedition waiver signed by inmate is usually considered a state matter. It must first be decided by county, state rather to extradite the inmate. They have 60 days until they can request another.
Wiki User
∙ 15y agoIt entitles the legal jurisdiction that 'wants' you to take legal action to remove you from another legal jurisdiction which is 'holding' you, and take you back to the 'wanting' jurisdiction.
Wiki User
∙ 13y agoYes, and most generally do, since it only prolongs their stay in jail in the state which apprehended them.
Add your answer:
Earn +20 pts
What form is needed to file with court to get extradited from California to Nevada?
1. An extradition warrant from the Governor of NV to the Governor of CA; 2. A Waiver of Extradition by the person in CA.
What is likelihood of getting credit in jail served 12 days in FL after signing a waiver of extradition to TX on 12th day I was told TX has 10 days after person signs waiver of extradition to come.?
As soon as the jail you were in had a hold on you for your Texas warrant, you should be getting backtime. You may be responsible for proving that credit, so you'll need to get documentation. I've never heard of them only having 10 days to complete the extradition. Your waiver is in essence a request for speedy trial, therefore Texas has to get you here and tried within six months.
Need to know if state of Colorado is going to extradeite me from state of texas. I have signed a waiver of extradition.?
The State of Colorado will probably extradite you from Texas since you have signed a waver of extradition. If for some reason charges were dropped, then they would not extradite you. That is extremely rare. Count on being extradited.
How many days does Ohio have to pursue an extradition?
how many days does Kentucky have to pursue ex tradtion after a person is picked up in Ohio on a warrent from Kentucky and a extradtion waiver is signed
What is the procedure for fugitive warrants?
Fugitive warrants are sought when the wanted person refuses to sign a waiver of extradition from the state which holds that wanted person in custody for the state which the crime was originally committed.Because the wanted person refuses to sign the waiver of extradition a fugitive warrant and governors warrant must be obtained. The wanted person is then extradited without his signature of consent to be transported to the state that the original crime was committed.I would like to know who is responsible for obtaining the warrants.
What happens next to your boyfriend who hasn't signed a waiver of extradition while in a Louisiana jail for two weeks waiting to hear from Texas?
To 'Waive Extradition' means that he voluntarily agrees to return to Texas. Refusing to sign the waiver means he will remain in custody in La awaiting an extradition hearing in front of a La judge who will decide if Texas actually has sufficient grounds to extradite him back to Tx. He's probably only prolonging his jail stay in La. If Tx has sufficient grounds to want him extradited, and they present those grounds to the La court, the odds are that he WILL be extradited back to Texas anyway.
Does a judge have the right to start your waiting period over again once you sign a waiver for extradition after being in jail for 30 days?
Probably. When you were jailed, the law automatically assumes that you will fight extradition and allows you that privilege, and the 'wanting' jurisdiction has to work on preparing legal arguments and proceedings to convince the holding jurisdiction that they have sufficient grounds to extradite you. . When you formally indicated that you would waive extradition, that introduced an entirely new scenario into the picture and the period began anew. Since you have now voluntarily 'waived' extradition your waiting period will probably not be much longer, trust me.
Does Thailand have non-extradition with the UK?
No, it has extradition.
My boyfriend sign the extradition waiver in the first hearing but the court say the jail lost it so so they want him to sign it again what should he do he refuse. how long can they keep him in jail?
Not enough info. What state wants to extradite you? How long have you been held in CA? Did you waive extradition or are you fighting it? Also: What "expiration" are you referring to? I can find nothing that says there is only a certain limited time that you can be held.
What are the three types of judicial waiver?
judicial, prosecutorial waiver and legislative waiver
What is waiver in Tagalog?
Waiver in Tagalog is "pahintulot" or "pangwawalang-halaga."
What countries have no extradition treaties with the?
Every country has no extradition treaties with the.
