15A-746. Written waiver of extradition proceedings.
Any person arrested in this State 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 G.S. 15A-727 and 15A-728 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State or a clerk of the superior court a writing which states that he consents to return to the demanding state: Provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge or clerk of superior court to inform such 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 G.S. 15A-730.
If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this State and filed therein. The judge or clerk of superior court shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent: Provided, however, that nothing in this section shall 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 exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this State. (1937, c. 273, s. 25a; 1959, c. 271; 1973, c. 1286, s. 16.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 37 - Uniform Criminal Extradition Act.
§ 15A-722 - Duty of Governor as to fugitives from justice of other states.
§ 15A-723 - Form of demand for extradition.
§ 15A-724 - Governor may cause investigation to be made.
§ 15A-726 - Extradition of persons not present in demanding state at time of commission of crime.
§ 15A-727 - Issue of Governor's warrant of arrest; its recitals.
§ 15A-728 - Manner and place of execution of warrant.
§ 15A-729 - Authority of arresting officer.
§ 15A-730 - Rights of accused person; application for writ of habeas corpus.
§ 15A-731 - Penalty for noncompliance with § 15A-730.
§ 15A-732 - Confinement in jail when necessary.
§ 15A-733 - Arrest prior to requisition.
§ 15A-734 - Arrest without a warrant.
§ 15A-735 - Commitment to await requisition; bail.
§ 15A-736 - Bail in certain cases; conditions of bond.
§ 15A-736.1 - Recodified as G.S15A-534.6 by Session Laws 2007-484, s4, effective August 30, 2007.
§ 15A-737 - Extension of time of commitment; adjournment.
§ 15A-738 - Forfeiture of bail.
§ 15A-739 - Persons under criminal prosecution in this State at time of requisition.
§ 15A-740 - Guilt or innocence of accused, when inquired into.
§ 15A-741 - Governor may recall warrant or issue alias.
§ 15A-742 - Fugitives from this State; duty of governors.
§ 15A-743 - Application for issuance of requisition; by whom made; contents.
§ 15A-744 - Costs and expenses.
§ 15A-745 - Immunity from service of process in certain civil actions.
§ 15A-746 - Written waiver of extradition proceedings.
§ 15A-747 - Nonwaiver by this State.
§ 15A-748 - No right of asylum; no immunity from other criminal prosecution while in this State.