Form 9-803 NMRA
Form 9-803. Waiver of extradition.
Length: 362 wordsOfficial source
[Section 31-4-22 NMSA 1978]
STATE OF NEW MEXICO
COUNTY OF ___________________
__________________ COURT
No. ___________
STATE OF NEW MEXICO
v.
__________________________________________, Defendant
WAIVER OF EXTRADITION
I, __________________, in open court do hereby freely and voluntarily state that I
am the identical __________________, against whom a criminal proceeding charging
me with __________________ has been initiated in the county of
__________________, State of __________________, and I further hereby freely,
voluntarily without threats or promises of reward agree to return to that county and
state, without legal process.
I further acknowledge that I will be held without bond while awaiting the agent of the
state of __________________ to take me into custody.
I further acknowledge that I have been informed of my rights to legal counsel, to
require the issuance and service of a warrant of extradition as provided in Section 31-4-
22 NMSA 1978 and my right to contest said warrant of extradition through a writ of
habeas corpus as provided in Section 31-4-10 NMSA 1978.
This waiver is not an admission of guilt. I agree to return to the state of
_____________, with any peace officer who may be sent to take me to that state for
trial.
This statement and waiver (made in quadruplicate), done at ________, ________
County, New Mexico, this __________ day of __________________, ________, in the
presence of a judge of the __________________ Court of that county.
___________________________________
Attorney for Defendant
_______________________________
Defendant
___________________________________
Assistant District Attorney
I hereby certify that the foregoing was executed in my presence and that I informed
the defendant of his rights to require the issuance and service of a warrant of extradition
as provided by the laws of New Mexico, and his right to contest said warrant of
extradition through a writ of habeas corpus. I do hereby direct the officer having such
person in custody to deliver forthwith such person to the duly accredited agent of the
demanding state, together with a copy of this waiver, and that the original hereof shall
forthwith be forwarded to the office of the governor of the State of New Mexico for filing.
_________________________________
Judge
Original - Governor
2nd & 3rd - Agent
4th - File