Extradition is a process that involves bringing a fugitive back to the state where they allegedly committed a crime. Violating conditions of bail, probation, or parole can also result in extradition from one state to another. There are several elements that must take place during an extradition, including a Governor’s Warrant and a hearing in front of a judge in the state where the arrest took place. Any questions regarding extradition or to discuss a case involving extradition requires contacting an experienced extradition lawyer as soon as possible.
Colorado Extradition Procedures
C.R.S. 16-19-104 defines the laws of extradition in the state of Colorado. Under what is referred to as the Uniform Criminal Extradition Act, multiple states have agreed to implement a detailed, complete, and specific set of procedures for moving fugitives from state to state.
The first process involves a governor’s warrant issued by the state on the receiving end. For example, if Colorado believes a fugitive is living or hiding in Kansas and has committed an offense back in Arapahoe County, they will send a governor’s warrant to Kansas. Once the signed warrant makes its way to the state where the fugitive is located, local police attempt to arrest the suspect.
Extradition Hearing | Writ of Habeas Corpus
Before transportation back to Colorado occurs, the defendant is entitled to a hearing in the arresting state. Known as Writ of Habeas Corpus, this brief proceeding ensures procedures were correctly followed. It is important to note that this hearing isn’t the opportunity to fight for your innocence in regards to the criminal charges back in Colorado. To speed the process along, a defendant has the right to waive the right to this proceeding.
While it isn’t common to stop extradition out of Colorado, it is possible. An experienced extradition attorney can analyze the unique situation and ensure someone’s rights have been considered. It is best practice to contact a criminal defense attorney in the state where the offense allegedly occurred, rather than one where the warrant was sent. Each state’s laws are different and those facing charges have an opportunity for a better outcome when consulting a skilled attorney practicing in the state where they’ve been charged.
Arapahoe County Extradition Lawyer
When facing extradition to Colorado, a strategic defense lawyer is essential. Whether you’re being accused of a crime in Aurora, Centennial, or Englewood, our attorneys have decades of experience representing clients throughout Colorado. We are 100% criminal defense and our results speak for themselves. Contact our office for a free initial consultation. We will carefully and thoroughly analyze your unique case and suggest next steps. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing charges in Colorado.
If you or someone you know is facing extradition back to Colorado, be smart. Contact the reputable defense lawyers at O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.
Photo by Malachi Brooks