N.M. Stat. § 31-4-13 (2026)

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.

                                     ANNOTATIONS

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.