If you wave extradition, can you stop it after a few days?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you wave extradition, can you stop it after a few days?
Asked on November 19, 2010 under Criminal Law, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
My gut feeling is "no," you can not stop it once the order is signed by the Judge. In order to successfully challenge extradition, one would have had to prove that you were not the same person wanted by the demanding state, that the demanding state's extradition request papers were not in order or that you were not in the demanding state at the time of the alleged crime.
It's not uncommon for defendants to voluntarily waive their right to challenge extradition, as there is only limited legal means to do so. Those who do challenge extradition also don't get credit for time served in jail while fighting extradition, a process that can sometimes take months. Known as "dead time," if a person is later convicted of crime, the time they remained incarcerated while challenging extradition is not counted toward any sentence they might receive.
However, were you represented by counsel at the time and is there any way that you could challenge the explanation of the waiver or your ability to understand your rights as explained prior to waiving? That might be the way to go. Get legal help in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.