Form 9-804A NMRA
Form 9-804A. Order for extradition on waiver.
[Section 31-4-22 NMSA 1978,
Magistrate Court Rule 6-811 NMRA and
Metropolitan Court Rule 7-811 NMRA]
STATE OF NEW MEXICO
COUNTY OF ___________________
__________________ COURT
No. ___________
STATE OF NEW MEXICO
v.
__________________________________________, Defendant
ORDER FOR EXTRADITION ON WAIVER
The defendant appeared before the above court on the ________ day of
______________, ________, pursuant to Section 31-4-22 NMSA 1978 and the court
advised the defendant that:
1.
the defendant has been arrested for having committed __________________
(set forth criminal offense) in the County of __________________, State of
__________________;
2.
the above county and state have demanded the defendant be returned to that
state;
3.
the defendant has a right to extradition on an arrest warrant issued by the
governor of this state;
4.
the defendant has a right to retain the assistance of counsel; and
5.
the defendant has a right to appear before the district court on a writ of habeas
corpus to test the legality of the defendant's arrest.
The defendant, after being advised of the above rights, consented to return to the
demanding state and signed a waiver of extradition.
IT IS, THEREFORE, ORDERED that the above defendant be extradited to the
demanding state and ordered held without bond pending delivery to the agent of the
demanding state.
IT IS FURTHER ORDERED that the officer in custody of the defendant deliver the
defendant to the agent of the demanding state together with a copy of this order and the
waiver of extradition. The authorities of the demanding state shall take custody of the
defendant not later than __________________ (date).
___________________________________
Judge