Arizona Laws 13-3845. Extradition documents; contents
A. A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that:
Terms Used In Arizona Laws 13-3845
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See Arizona Laws 13-3841
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
1. Except in cases arising under section 13-3846, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;
2. The accused is now in this state; and
3. The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of a crime in that state and has escaped from confinement or broken his parole.
B. In addition to the information required by subsection A of this section, a warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand include:
1. A photograph and photo affidavit identifying the accused as the fugitive charged with the offense; or
2. Fingerprints certified by the issuing authority that can be used to identify the accused as the fugitive charged with the offense.