What happens if you refuse to waive extradition?

If the person waives the right to challenge the procedure, he or she will usually lose any power with the other jurisdiction and suffer through a trial with one problem already hanging over him or her. The charges usually lead to a court case and possible conviction of the illegal activity.

What happens if you fight extradition?

It is nearly impossible to fight extradition, so if you are extradited, it’s likely that you will be brought under jurisdiction of the requesting country. You can ‘waive’ extradition and agree to be returned to the requesting country willingly. You can also demand a hearing on the extradition request.

Is there a time limit on extradition?

The question that comes to roost is how long the resident state can hold the accused while the felony state gets around to extraditing. Most experts agree that the typically amount of time one state gives another for extradition is about one month, 30 days.

Can you avoid extradition?

Another way of preventing extradition is by challenging the arrest based on probable cause. In many instances this is applicable if the alleged fugitive was not indicted or convicted in the demanding state (no prior judicial determination as to probable cause in the demanding state).

Can you deny extradition?

If the fugitive refuses to waive extradition, the original state prepares a request to have the fugitive returned. If the request is approved by both governors, an extradition hearing will be held and a court in the state with the fugitive will make a decision to grant or deny extradition.

Can you stop extradition?

To fight extradition, the individual accused of committing either a felony or misdemeanor will need to acquire a Governor’s warrant rather than the current one through law enforcement of the other location that seeks the individual.

Can states refuse extradition?

Because federal law regulates extradition between states, there are no states that do not have extradition. As of 2010, Florida, Alaska, and Hawaii do not extradite for misdemeanor convictions committed in another U.S. state.

How do I stop extradition?

Can you speed up extradition?

Speeding up the process of extradition may ultimately be to the defendant’s benefit. This means that the defendant will remain in federal law enforcement custody until they are transported to the jurisdiction in which the charges have been filed to be arraigned before a federal judge.