Any person arrested in this Commonwealth charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in §§ 19.2-92 and 19.2-93 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of a circuit or district court within this Commonwealth a writing which states that he consents to return to the demanding state. However, before the waiver is executed or subscribed by the person, it shall be the duty of the judge to inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 19.2-95.
If and when such consent has been duly executed, it shall forthwith be forwarded to the office of the Governor and filed therein. The judge shall direct the officer having the person in custody to promptly deliver him to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to such agent a copy of the consent.
This section shall not be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an executive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this Commonwealth.
Code 1950, § 19.1-78; 1960, c. 366; 1975, c. 495; 1992, c. 306.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 8 - Extradition of Criminals
§ 19.2-84. Governor to surrender on requisition of President
§ 19.2-86. Fugitives from justice; duty of Governor
§ 19.2-88. Governor may investigate case
§ 19.2-89. Extradition of persons imprisoned or awaiting trial in another state
§ 19.2-90. Extradition of persons who have left demanding state involuntarily
§ 19.2-91. Extradition of persons not in demanding state at time of commission of crime
§ 19.2-92. Issuance of Governor's warrant of arrest; its recitals
§ 19.2-93. Manner and place of execution of warrant
§ 19.2-94. Assistance to arresting officer
§ 19.2-95. Rights of accused persons; application for writ of habeas corpus
§ 19.2-96. Penalty for noncompliance with preceding section
§ 19.2-97. Confinement in jail when necessary
§ 19.2-98. Same; for prisoners being taken through Commonwealth
§ 19.2-99. Arrest prior to requisition
§ 19.2-100. Arrest without warrant
§ 19.2-101. Confinement to await requisition; bail
§ 19.2-102. In what cases bail allowed; conditions of bond
§ 19.2-103. Discharge, recommitment or renewal of bail
§ 19.2-104. Forfeiture of bail
§ 19.2-105. Persons under criminal prosecution in this Commonwealth at time of requisition
§ 19.2-106. When guilt or innocence of accused inquired into
§ 19.2-107. Governor may recall warrant or issue alias
§ 19.2-108. Fugitives from this Commonwealth; duty of Governor
§ 19.2-109. Application for requisition for return of person charged with crime
§ 19.2-110. Application for requisition for return of escaped convict, etc.
§ 19.2-111. Form of such applications; copies, etc.
§ 19.2-112. Costs and expenses of extradition
§ 19.2-113. Immunity from service of process in certain civil actions
§ 19.2-114. Written waiver of extradition proceedings
§ 19.2-115. Nonwaiver by this Commonwealth