From recent headlines

In the news recently you may have read or heard about something called extradition.

This past month, the state of New York issued a warrant in a high-profile murder investigation. When the person of interest was apprehended in Pennsylvania, the process of extradition began.

Extradition is an official process that returns or takes a fugitive from justice to the jurisdiction having authority over an alleged crime.

Although a lesser-known component of the criminal justice system, extradition does have constitutional underpinnings that are important to a collaborative national justice system.

In New Mexico, state statute and court rules address extradition processes.

Article IV, Section 2 of the U.S. Constitution addresses extradition, commonly referred to as the “Extradition Clause.” The Extradition Clause prevents individual states from becoming harbors of refuge from criminal prosecution in other states.

Chapter 31 of New Mexico Statutes Annotated, entitled Criminal Procedure, provides the framework for the extradition process.

Working with that framework, the state court Rules of Criminal Procedure outline the timelines and steps when a fugitive from another state is brought before the courts.

Extradition also exists between countries. This process is more complex, in that extradition in these cases are the result of numerous treaties between countries. The United States currently has over a hundred extradition treaties with other nations. Beyond this mention, this column does not address the international extradition process.

Taking a step back to the beginning of a criminal case, after a crime is committed and a law enforcement agency has identified a suspect, they will file a criminal complaint with a court. This complaint may include a request for an arrest warrant.

If seeking an arrest warrant, the officer must provide a sworn statement with the essential facts relating to the alleged crime. The officer will appear before a judge, either in person or through virtual means. The officer will take an oath that the facts in their sworn statement are true to their best information and belief. This upfront work is not only important to protect an important constitutional right but will be scrutinized in an extradition process.

If approved, the judicial officer will include information regarding extradition. In other words, should the warrant be valid outside the state of New Mexico.

If the requesting agency seeks extradition outside the state, the warrant should show probable cause that the individual sought is a fugitive from justice or has ties to another state.

If the individual fails to appear in court at any stage of the criminal proceeding, a bench warrant may be ordered. These warrants also show a determination of extradition.

When apprehended outside of the issuing state, the extradition process of the individual begins.

After arrest in New Mexico on a warrant from another state, the arresting officer will complete a fugitive complaint.

Like any other criminal complaint, the fugitive complaint must include essential facts to include the identity of the defendant, the identity of the demanding state, and the grounds for extradition. The complaint may be filed in either a magistrate, metropolitan or directly in district court.

After filing of the fugitive complaint, the individual is brought before a judge under specific time limits for an arraignment.

At the arraignment, they are informed of their right to have an attorney — their right to the issuance and service of a warrant of extradition and of the right to petition for a writ of habeas corpus. They are also asked to admit or deny being the individual in the complaint.

If they waive extradition, they are held without bail to allow the demanding state to retrieve and return them to that state.

If they do not waive extradition and demand a warrant of extradition, then they may have their conditions of release set by the court.

If held in custody, they may be held for a period of not more than 30 days, or 60 days for compelling cause, for the governor of New Mexico, after reasonable investigation, to issue a governor’s warrant. If a governor’s warrant is not issued in that period, the case is dismissed, and the individual is released from custody.

Following the issuance of a governor’s warrant, the matter is exclusively in the jurisdiction of a state district court. It is at this time that the defendant can file a writ of habeas corpus to contest the legality of the governor’s warrant.

Unless the court finds beyond reasonable doubt that the warrant is invalid then the defendant is held for the demanding state to retrieve and return the individual to that state.

If after a period of 30 days, or 60 days for worthy cause, the individual is not retrieved then the case is dismissed, and the individual is released.

Extradition is a serious issue that utilizes extensive resources; as such, it is used for serious or violent felony actions.

(Judge John R. Chavez is the magistrate in Belen. He is a native of Valencia County and is a retired U.S. Army colonel.)