New Mexico Forms Library

9-803.  Waiver of extradition.

[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