What happens when you waive extradition?

What happens when you waive extradition?

When the defendant waives extradition, they will voluntarily be returned to the requesting jurisdiction without the need to proceed with the typical extradition procedures.

What happens if you don’t waive 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 be extradited from North Carolina?

Any person charged with a crime in North Carolina who flees to another state is subject to extradition, as well as any person convicted of a crime in North Carolina who escapes custody or flees supervision.

How long is the extradition process in North Carolina?

Extradition of Fugitives from North Carolina. The process of requesting a Governor’s Warrant is called a requisition. The fugitive may be held for 90 days while awaiting a Governor’s Warrant (30 days plus a 60 day potential extension). Even if released because of failure to timely obtain the warrant, i.e., the warrant arrives on day 93,…

How long does a defendant have to waive extradition?

If the defendant waives extradition, the demanding state has 10 days to make arrangements to pick the fugitive up, and up to 30 days to actually do so.

Can a fugitive be extradited to North Carolina?

Extradition of a fugitive from a foreign country to North Carolina is more complex, and requires the assistance of the federal government. The extradition process will be governed by the particular terms of the treaty the U.S. has with the other country, and only certain offenses are extraditable.

How long can a fugitive be held in North Carolina?

The fugitive may be held for 90 days while awaiting a Governor’s Warrant (30 days plus a 60 day potential extension). Even if released because of failure to timely obtain the warrant, i.e., the warrant arrives on day 93, the individual may be re-arrested.