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.
Misdemeanor » Can I be extradited back to Colorado for a misdemeanor?
Extradition is how a state government physically brings back a fugitive to that state to face charges for crimes the fugitive allegedly committed in that state. The five steps of extraditing someone to Colorado include:
Note that Missouri and South Carolina are the only U.S. states who have not adopted the Uniform Criminal Extradition Act. So whenever fugitives flee to those states, Colorado authorities need to follow those states’ specific extradition procedures.
A governor’s warrant kicks off the process of extraditing a fugitive back to Colorado. For a warrant to be in accordance with the Uniform Criminal Extradition Act, it must contain the following:
Furthermore, the fugitive needs to be listed with the NCIC (the United States Crime Information Center).
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.
Called a writ of habeas corpus, this hearing has a singular purpose: To ensure that authorities have followed all proper extradition procedures. 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.
The fugitive can elect to dispense with having (“waiving”) a writ of habeas corpus hearing. One benefit of waiving extradition is that it expedites the whole process, and the fugitive is returned 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.
Colorado authorities may pursue extradition of fugitives suspected of any type of 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. Because of limitations of money and manpower, Colorado police typically attempt to extradite fugitives only when the cases involve either of the following:
Learn more about Colorado extradition laws.
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.
A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges ...
Misdemeanor in Nevada under NRS 453.566 to possess drug paraphernalia in casinos (or any location). Penalties include: up to 6 months in jail, and/or up to $1,000 in fines Housekeeping staff who find paraphernalia in hotel rooms might inform their bosses, who may then call the police. Therefore, it is strongly recommended that tourists not bring, buy, ...
Permanent residents of the United States (holders of green cards) can be deported for certain misdemeanors convictions. These include: crimes involving moral turpitude, drug crimes, firearms offenses, failing to register as a sex offender, violating a restraining order, domestic violence offenses, and child abuse crimes. These offenses make non-citizens deportable. This includes lawful permanent residents. An ...
People attempting to get through McCarran Airport security with a firearm face arrest and serious federal charges, even if they genuinely forgot they were carrying a gun. All gun owners should be familiar with the following state and federal firearm rules for airports: 1. Open carry at airports In general, people may openly carry firearms ...