Kentucky Waiver of Extradition

State:
Kentucky
Control #:
KY-AOC-475
Format:
PDF
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Description

This Waiver of Extradition is an official form used by the Commonwealth of Kentucky in criminal matters, and it complies with all applicable codes and statutes.

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FAQ

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.

The Gulf States The Gulf States are another set of wealthy countries with no extradition treaties. These include Kuwait, Oman, Qatar, United Arab Emirates and Saudi Arabia.

The fugitive can still fight extradition by filing a writ of a habeas corpus. If the habeas corpus petition is denied, the original state will make arrangements to transport them back to the demanding state. If the habeas corpus petition is granted, the fugitive will be released.

Because Kentucky doesn't extradite people for misdemeanor offenses, adding a felony escape charge allows the county to bring those people back to the state and hold them accountable for failing to follow an order of the court.

Because federal law regulates extradition between states, there are no states that do not have extradition. As of 2010, Florida, Alaska, and Hawaii do not extradite for misdemeanor convictions committed in another U.S. state.

Occasionally a Governor will refuse to extradite (send the person back) if he/she is satisfied that the prosecution is not warranted, despite a constitutional mandate that "on demand of the Executive authority of the State from which a fugitive from justice fled, be delivered up, to be removed to the State having

30 days is the maximum. The judge must release him if the out-of-state warrant is either defective or charges a rime that is not extraditable under the statute. That's what will be determined at the hearing date.

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.

The fugitive can still fight extradition by filing a writ of a habeas corpus. If the habeas corpus petition is denied, the original state will make arrangements to transport them back to the demanding state. If the habeas corpus petition is granted, the fugitive will be released.

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Kentucky Waiver of Extradition