If you wave extradition, can you stop it after a few days?

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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 11 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.


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