A waiver of extradition occurs when a defendant who is arrested and held in one state, country, territory, or other jurisdiction voluntarily waives the right to challenge extradition to another state, country, territory, or jurisdiction to be prosecuted or stand trial for a criminal offense in that other state, country, territory, or jurisdiction. If such a defendant waives extradition, he or she will be returned to the requesting jurisdiction without the need for an extradition hearing and the related procedures.
In New Mexico, a waiver of extradition means that an individual who has been arrested in the state agrees to be transferred to another jurisdiction without contesting the extradition process. This typically occurs when the individual is wanted for a crime in another state or country. By signing a waiver of extradition, the defendant relinquishes their right to an extradition hearing, which is a legal proceeding where the court determines whether the transfer to another jurisdiction is lawful. The waiver simplifies the process, allowing for the individual to be promptly returned to the requesting jurisdiction to face charges. New Mexico law, in accordance with the Uniform Criminal Extradition Act, outlines the procedures for extradition, and a waiver of extradition accelerates this process by removing the need for the governor's intervention and judicial review that would otherwise be required to determine the legality of the extradition.