Waiver of Extradition Findings and Order by Judge: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Waiver of Extradition Findings and Order by Judge
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Description Does South Carolina Extradite
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Ask (through a requisition) the governor of North Carolina to extradite. The governor of North Carolina will, in turn, issue a governor's warrant. The governor's warrant gives North Carolina officials the authority to take the fugitive into custody to await pick-up by officials from the other state.
As of 2010, in practice, Florida, Alaska, and Hawaii typically do not request extradition if the crime in question is not a felony because of the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction in which the accused is held until transported.
Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage.
If the fugitive refuses to waive extradition, the original state prepares a request to have the fugitive returned. Extradition requests are made from the office of one state's governor to the other.
A waiver of extradition means the defendant is relinquishing his or her right to an extradition hearing. Waivers to international extraditions occur when the defendant asks to be returned to the requesting jurisdiction without an extradition hearing.
Not all states have adopted the UCEA, however, states that have not adopted it have their own extradition laws that comply with the federal law. The only two U.S. states that have not adopted the UCEA are South Carolina and Missouri.
The Consequences of Waiving ExtraditionIf the individual decides to waive extradition rather than challenge it, the judge will remand the person immediately to the other state's authority and hold him or her without bond. This can remove the right to resolve these matters manually.
The Governor of North Carolina will thereafter issue what is called a Governor's Warrant. That Warrant grants Law Enforcement the authority to take the fugitive into custody.Generally speaking, North Carolina will not transport fugitives to other states.