Extradition Law and Legal Definition

Extradition is the the surrender of a person charged with a crime by one state or country to another state or country. Usually the Governor's office will make the request for extradition to the Governor of the state in which the accused is present, claiming the right to prosecute is made. The defendant may "waive extradition" and allow himself/herself to be taken into custody and returned to the state where charges are pending.

International extradition is more complicated and often governed by treaty. Most countries will extradite persons charged with serious crimes, however, some countries will refuse to extradite persons charged with certain crimes, such as crimes subject ot the death penalty.