Last updated: 5/30/2013
Order For Extradition On Waiver {9-804A}
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Description
CRIMINAL FORM 9-804A Supre me Court Approved August 26, 1996 [ NEW MATERIAL] 9-804A. [Section 31-4-22 NMSA 1978, Magistrate Court Rule 6-811 and Metropolitan Court Rule 7-811] 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 bee n arr ested for having committed ___________________ (set forth criminal offense) in the County of _______ ____ _______, State o f ___________________; 2. the above county and state have demanded the defendant be returned to that state; 3. t he 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 defendants 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 <<<<<<<<<********>>>>>>>>>>>>> 2CRIMINAL FORM 9-804A Supre me Court Approved August 26, 1996 [ NEW MATERIAL] defendant deliver the defendant to the agent of the demanding state together with a copy of this or der and th e waiver of extradition. The authorities of the demanding state shalltake custody of the defendant not later than ______________ (date) . _____________________________ Judge USE NOTE A copy of this or der and a copy of the defendants consent to extradition is mailed by the court to the governor. [Adopted, effective October 1, 1996.] 2
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