Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Yes. After the asylum state’s governor signs the warrant, local police will attempt to arrest the fugitive (if he/she is still in the state). Following the arrest, the fugitive gets a special hearing in front of a judge in the asylum state.
The special hearing is called a writ of habeas corpus hearing. The primary purpose of the hearing is to ensure that authorities have followed all proper extradition procedures.5
This hearing has nothing to do with whether the fugitive is innocent or guilty of the underlying crime–that can be determined only in Colorado, not the asylum state.
4. Can a fugitive waive extradition to Colorado?
Yes. The fugitive can elect to waive a writ of habeas corpus hearing. One benefit of waiving extradition is that it expedites the process, and the fugitive returns to Colorado more quickly.
But in some cases, the fugitive may want to draw out the process as long as possible and stay out of Colorado. A criminal defense attorney can help the person decide whether it is in his/her best interest to waive extradition.
5. What are some extraditable offenses?
Colorado authorities may pursue extradition of fugitives suspected of any crime, including:
However, fugitives accused of only misdemeanors and petty offenses rarely face extradition back to Colorado. This is because extradition is an expensive process, sometimes amounting to $4,000 or more. You can find out more information on the differences between a felony and a misdemeanor here.
Because of limitations of money and manpower, Colorado police typically attempt to extradite fugitives only when the cases involve either of the following:
any other situation where the authorities deem extradition “worth” the effort.
6. What is the Uniform Criminal Extradition Act?
The Uniform Criminal Extradition Act (UCEA) is an agreement between nearly all 50 states to follow strict regulations for extraditing alleged criminals in and out of their states. Only Missouri and South Carolina have not adopted the UCEA.
The UCEA is a “model” act that states can adopt “as-is” or modify, so long as the modifications do not conflict with federal law. Most states have made at least some minor modifications to the act, while others have significantly added to its protections.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.