SHOULD YOU SIGN A KANSAS WAIVER OF EXTRADITION?

Anytime Kansas law enforcement asks your permission to act you should take pause. That is because you are likely giving away a bundle of rights that they otherwise wouldn't automatically have. The same goes for Waivers of Extradition, which can come in a few of forms:

1. Waiver of as a Condition of Bail Bond: If you are facing felony charges in Kansas but you are not a Kansas resident, you may be asked sign a waiver as a condition of bond. It may be in your interests to do so if you must return to your home state to work, live, raise your family, etc. pending the outcome of the case;
2. Waiver as a Condition of Probation/Parole Interstate Compact: As terms of probation or parole, to have it supervised by another state, you likely will sign a waiver. Kansas wants to ensure that if you violate terms of your release you can immediately be returned to Kansas; and
3. Waiver Following Arrest (Fugitive from Justice): If Kansas has issued a warrant for your arrest, and you are found outside of the state, Kansas must prove that they have the right to extradite you. You may have cause to object to what Kansas asserts. However, if you sign waiver you waive the right to object to be being held and released to Kansas law enforcement. 

If you are being held pending extradition you will not be able to bond until you arrive in Kansas. Most sign extradition waiver in hopes of expediting the process. In many cases the accused knows, or once they are given notice of warrant understands, why they are facing extradition. In some instances though extradition is not just or appropriate. Either way, you should hire an attorney to review the circumstances.

No Kansas lawyer can just clear this up. It has to be resolved by motions, request, objection, hearing or documentation from the Court. You will be brought before the court before you can be bonded. Before you sign or do anything hire an attorney. This office can help. Call NOW (913) 602-7288. Consultations are free and payment plans are available.