We previously wrote about extradition in part 1. Once the governor's warrant is issued, the accused, upon arrest on the governors warrant, must be taken "forthwith" before a judge of a court of record (usually a Lehigh Common Pleas Court judge). The judge must inform the defendant of the accusations and demand, of the right to counsel from a Lehigh County criminal lawyer, and of the right to test the legality of the arrest by applying for a writ of habeas corpus. The accused may waive these rights and consent to returning to the demanding state. This is done normally to speed up and individuals return to the Commonwealth of Pennsylvania. It is known as waiving extradition. Under the Post Conviction Relief Act, if a petitioner's conviction and sentence resulted from a trial conducted in his absence, and if the petitioner has fled to a foreign country that refuses to extradite him because a trial in absentia was employed, the petitioner is entitled to the grant of a new trial if the refusing country agrees by virtue of this provision to return him, and if the petitioner upon such return to this jurisdiction so requests. This is from 42 Pa. C.S.A. Section 9543.
Unlike a request for extradition, which is a result that the state in which the prisoner is incarcerated transfer custody to be requesting state, a detainer lodged pursuant to the Interstate Capital Agreement on Detainers is merely a means of informing the custodial jurisdiction that there are outstanding charges pending in another jurisdiction and requesting that custodial jurisdiction hold the prisoner for the requesting state or notify the state of the prisoner's imminent release. This is from Commonwealth V. Davis of 2001 that determined that a detainer alone does not trigger the 120 day rule. The legality of extradition must be challenged in the asylum state prior to extradition to the demanding state. This is from Commonwealth v. Carlos of 1975. Once a defendant is extradited, the legality of the extradition is moot. The only relief granted and accused illegally extradited by Pennsylvania (meaning - PA is the demanding state) has been suppression of evidence obtained as a result of the detention and transportation.