Extradition is the process of having someone arrested in one state and then sent to another, where he / she has allegedly committed a crime. Individuals can also be extradited for violating conditions of bail, probation, or parole. In Colorado, the Uniform Criminal Extradition Act creates a detailed set of procedures for returning and delivering fugitives to and from the state. A Governor’s Warrant begins the extradition process and calls for the arrest of the wanted party, alongside a hearing and eventual transfer to the state where the offense occurred. This lengthy process often requires representation from an experienced extradition attorney who knows the system well.
What is Extradition in Colorado?
This legal process of bringing a fugitive from justice back to the state in which the offense was committed is detailed in C.R.S. 16-19-104. The series of events involved in an extradition are:
1. Governor’s Warrant
This is a document requested by the state wishing to have the fugitive returned to its custody. It is signed by the governor of that receiving state and listed with the United States National Crime Information Center (NCIC).
After the warrant is issued, local law enforcement is notified and they begin looking for the fugitive. Often times these individuals are found via a traffic stop or their whereabouts are made available by a bill of some sort.
3. Writ of Habeas Corpus
This is a procedural hearing that takes place within the arresting state. It is conducted to ensure procedures were followed correctly as part of the extradition process. This specific hearing doesn’t include any information as to the guilt or innocence of the accused party.
Denver Attorney for Extradition
There are many scenarios along the way regarding the process of extradition. Sometimes, a defendant might choose to waive the writ of habeas corpus to expedite transportation back to the original state. There are also individuals that think they can attempt to avoid the process all together, run from Colorado courts, and begin a new life in another state. This can be a poor choice, especially in felony cases. The seamless network / system where arrest warrants exist are easily accessed by law enforcement, stacking the odds against those who attempt to “run.”
Extradition Lawyer in Denver, CO
Many states have different methods of transporting fugitives from one location to another. This lengthy process can be a burden for those accused of a crime in Colorado. Often times, weeks can go by while a defendant sits in handcuffs in various county jails and in transport vans. At O’Malley and Sawyer, we do all we can to arrange alternative transportation for our clients back to Colorado. A complicated process such as this requires expert representation from a skilled criminal defense attorney.
If you or someone you know is facing Extradition, be smart. Contact the capable defense lawyers at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.
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