A waiver of extradition is when someone waives their right to an extradition hearing or similar procedures. They agree to be returned to the requesting state or country without going through the usual extradition process to fight it.
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What Is Extradition?
Extradition is the formal process of one state surrendering an individual to another to prosecute them for the crimes they committed in the requesting state or country’s jurisdiction.
When someone leaves the state without fulfilling the conditions of their parole or probation or resolving the charges against them after an arrest, they are a fugitive from justice. Anyone categorized under this term is subject to arrest and extradition by a warrant to the state or country demanding their arrest.
Extradition can occur for numerous charges, such as:
- Murder
- Drug possession
- Forgery
- Assault
- Homicide
- Fraud
Interstate vs. International Extradition
Interstate extradition is the most common type of extradition. It occurs when the defendant gets removed from one state and released to another to face the criminal justice system there. The Uniform Criminal Extradition Law governs the process New Jersey must follow.
Extradition can also involve transferring an individual between the United States and other countries. A fugitive from justice can get extradited to or from the United States. Typically, a treaty allows a country to extradite a defendant to or from another country. Various countries have treaties with the United States allowing extradition, including Mexico, Canada, China, and Israel.
What Is the Extradition Process?
The steps required to extradite someone to New Jersey from another state include:
- The prosecuting attorney presents the requisition to the NJ governor, seeking the defendant’s return to New Jersey for violating bail, probation, or parole or failing to respond to charges.
- An affidavit is prepared outlining the circumstances of the basis for the requisition.
- A state governor issues a warrant demanding the individual charged with the crime or violating probation, bail, or parole to return to New Jersey.
When extraditing someone to another state from New Jersey, the required steps by law include:
- Another state serves a written demand requesting New Jersey to extradite the individual from the state.
- The governor’s office, prosecuting attorney, or attorney general concludes an investigation determining that extradition should occur.
- A governor issues a warrant for the individual’s return to the demanding state.
- The prisoner attends a hearing where there is a decision on whether extradition can happen under the law and they can choose to sign an extradition waiver.
- The defendant returns to the demanding state within 30 days of getting taken into custody or up to another 60 days if the court extends the period.
What Are the Benefits of Waiving Extradition?
Showing you’re willing to cooperate is one of the potential benefits of waiving extradition. Sometimes, you can agree to waive extradition for a lesser sentence or reduced charge. However, that isn’t automatic, so you should not base your decision on the potential for more lenient penalties or less serious criminal charges. An experienced attorney can walk you through the options and advise you on how to handle the process to increase the chance of a favorable outcome.
Another benefit of waiving extradition is removing steps from the legal procedure for more efficiency. You can avoid the stress, time, and cost related to attending an extradition hearing and other aspects of the process by choosing to waive extradition. Your attorney might suggest this is your best option if losing the fight against extradition is likely.
The time you spend in custody during extradition proceedings if you waive extradition will also act as a credit to you if you’re eventually convicted and sentenced based on the charge you face. You lose jail credit if you fight extradition and end up with a conviction.
What Are Some Negative Aspects of Waiving Extradition?
Although there are advantages to waiving extradition, there can also be some drawbacks. Waiving extradition relinquishes certain procedural protections under the law. You might also be ineligible for bail or delay your eligibility. That can lead to more time in custody during the transfer to the requesting jurisdiction for processing.
Under some circumstances, waiving extradition so the authorities can transfer you to the requesting jurisdiction can hinder your opportunity to argue that you weren’t running away from the charges against you. You can’t travel back to the original jurisdiction yourself and fight the charges on your own terms.
What Is the Procedure for Waiving Extradition?
The procedure for waiving extradition isn’t complex but requires following each step precisely. State law affords a person an extradition hearing and all the procedural protections that come with it unless they consent to removal from the current jurisdiction by waiving extradition.
If someone is a fugitive from New Jersey or another country or state because they didn’t respond to probation, bail, criminal charges, or parole, they can waive their right to extradition proceedings by signing a legal document before a judge. This indicates their consent to return to the state or country demanding their return.
Waiving the right to contest extradition efforts is only valid if they execute the waiver intelligently and knowingly after the judge provides appropriate instruction. After signing, the governor receives the waiver so they can complete the defendant’s transfer. The judge must also sign an order and provide it with a copy of the waiver advising the prisoner’s release to an agent in the demanding state.
Contact a New Jersey Criminal Defense Lawyer
Consenting to waive extradition can significantly affect a person’s rights and life. It isn’t a decision you should make without consulting an experienced and knowledgeable defense attorney first.
At the Law Office of Jason A. Volet, we care about our clients and work tirelessly to prepare an effective strategy to pursue the best possible result for them. We will guide you through this overwhelming experience and protect your rights until the end of your case.
If you face criminal charges or possible extradition to or from New Jersey, contact the Law Office of Jason A. Volet today for a confidential consultation with a dedicated criminal defense lawyer.
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About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
