What is Waiver of Extradition?

Waiving Extradition to or from New Jersey

Extradition waiver being signed by judge

The phrase Extradition Waiver refers to an individual’s consent to being extradited without a formal extradition hearing or any of the procedural and substantive protections associated therewith. By virtue of executing the consent, a suspect waives any rights with respect to fighting extradition. He or she also loses any ability to be released on bail or bond pending the case being heard by a judge in the Court where the underlying case is pending. The decision to consent to extradition is a determination that should only be undertaken with the guidance of a criminal lawyer experienced in NJ Extradition in our judgment. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, possess over sixty (60) years of experience and the skill you need to make the right call on waiving your rights even in situations of International Extradition. One of our lawyers is available 24/7 at 1-877-450-8301 to address your questions and assist you in this process.

New Jersey Law – Consent to Extradite

N.J.S.A. 2A:160-1 mandates that an individual be afforded an Extradition Hearing and all of the related procedural protections unless he or she consents to removal by waiving extradition in accordance with N.J.S.A. 2A:160-30. The process outlined in N.J.S.A. 2A:160-30 is not overly complex but requires execution of a formal agreement and presentation of the waiver to a judge. More specifically, an individual who is a fugitive from New Jersey or another state or country because of failure to respond to charges, probation, parole, or bail, may waive the necessity of “extradition proceedings” by executing, in the presence of a judge, a writing indicating he consents to a return to the demanding state or country. The waiver of a defendant’s rights to contest efforts to extradite is only valid if knowingly and intelligently made after appropriate instruction of their rights by a judge.

Once a consent is executed, it is to be served on the governor so that the transfer can be effectuated. The judge must also execute an Order directing that the prisoner be released to agents of the demanding state, along with a copy of the waiver.

Extradition Waivers in Bail Jumping Cases

The standard bail recognizance executed when an individual is released on bail in New Jersey includes a waiver of extradition provision. By executing the recognizance, the suspect waives all rights to extradition proceedings under New Jersey or any other state’s interstate extradition law.

Executing a consent to waive extradition can have a significant impact on an individual’s life and liberty. It clearly is not a decision that should be taken lightly nor without proper assistance of an attorney experienced in extradition and criminal defense. If you would like to know more about your rights to contest a request to extradite or waiving your rights, our attorneys are here to assist you. One of our lawyers is always available 24/7 to discuss issues concerning the New Jersey Extradition Law at 1-877-450-8301.