Legal Question in Criminal Law in New Mexico

violation of rights/extradition

my boyfriend was arrested by the marshals 2 months ago for a warrent. He has not yet been in front of a judge. Don't they have up to 72 hours to arraign you and tell you what you are being charged with? secondly they told him that nm had 5 days to come and get him or they will release him (hes in CA). What is the extradition law between nm and ca and how long does nm have to go get him? If they run out of time, what happens to the charges against him?


Asked on 4/24/08, 9:55 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: violation of rights/extradition

NM initially has 30 days within which to extradite. That period may be extended to as much as 90 days by the Governors of the two states. There are other possible reasons why the time could be extended even further. Once extradition is granted, however, 10 days is the rule. If that time period is exceeded ordinarily the holding state (CA) would release him. The charges in NM remain pending, and he remains a fugitive. If the NM charges are in fact federal charges, then none of the above applies. We leave that topic for another time since you inquired about extradition.

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Answered on 4/25/08, 9:21 am


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