New Mexico Statutes
Article 4 - Extradition
Section 31-4-13 - Arrest prior to requisition.

Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under Section 6 [31-4-6 NMSA 1978] with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under Section 6, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
History: Laws 1937, ch. 65, § 13; 1941 Comp., § 42-1913; 1953 Comp., § 41-19-13.
Prisoner is not entitled to bail after governor's extradition warrant has been served. State ex rel. Schiff v. Brennan, 1983-NMSC-042, 99 N.M. 641, 662 P.2d 642.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 58 to 62.
35 C.J.S. Extradition § 67.

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