Extradition – From Another State Into Colorado

Extradition into Colorado is the legal process of bringing a fugitive from justice, who is currently in another state, back to Colorado. Colorado may extradite fugitives suspected of committing any felony, misdemeanor, or petty offense. But because extradition is expensive, Colorado typically pursues fugitives suspected of only serious crimes such as homicides, rape (CRS 18-3-402), grand theft, drug trafficking, and escaping prison (CRS 18-8-208).

Below, our Denver Colorado criminal defense lawyers discuss the following frequently asked questions:

• 1. What is the process for extraditing someone into Colorado?
• 2. What is a Governor’s Warrant?
• 3. Which states follow the Uniform Criminal Extradition Act?
• 4. What crimes will Colorado pursue extradition for?

Colorado is considered the “demanding state” when it seeks to extradite an alleged fugitive from another state.

1. What is the process for extraditing someone into Colorado?

The basic procedures for extradition into Colorado is as follows:

1. Colorado files a request with the asylum state (where the fugitive currently is) setting forth the crime committed.
2. The governor of the asylum state initiates an investigation into allegations.
3. The governor of the asylum states signs a governor’s warrant.
4. Law enforcement arrests the fugitive in the asylum state (if not already in custody).
5. The asylum state holds a hearing, which is where the fugitive can contest the extradition (unless he/she waives this hearing).
6. Transportation arrangements are made for the fugitive.
7. The fugitive is transported to Colorado.¹

See our related article, extradition out of Colorado.

2. What is a Governor’s Warrant?

A governor’s warrant is the document permitting an asylum state to arrest a fugitive from another state. When a suspected fugitive is wanted by Colorado, Colorado authorities must:

1. compose a warrant in accordance with the procedures of the Uniform Criminal Extradition Act (UCEA); and
2. have it signed by the governor of the asylum state; and
3. list it with the United States National Crime Information Center (NCIC).²

For a governor’s warrant to be valid, it must include:

• the asylum state governor’s signature sealed with the state seal;
• directions to the police who will make the arrest (“execute the warrant”); and
• a substantial recitation of the facts³

Which governor signs the warrant?

The governor on the receiving end of the request is the one who signs the governor’s warrant. So when Colorado wants a fugitive returned to Colorado, the governor of the other asylum state must sign the governor’s warrant.⁴ In addition, the governor of the asylum state is responsible for ensuring that the specific procedures for extradition have all been followed.

Every defendant is entitled to a hearing to fight extradition.

3. Which states follow the Uniform Criminal Extradition Act?

48 of the 50 states in the U.S. have adopted the Uniform Criminal Extradition Act (UCEA). So, while every state is a little different, these 48 states largely follow the same extradition procedures as outlined in the UCEA. The only two states that have not adopted the UCEA are:

1. Missouri, and
2. South Carolina.

So if a fugitive from Colorado ever escapes to Missouri or South Carolina, Colorado would need to follow their specific laws in an attempt to extradite the fugitive.⁵

4. What crimes will Colorado pursue extradition for?

Although Colorado can pursue fugitives suspected of minor offenses, it generally seeks to extradite only people suspected of major crimes such as murder, sexual assault, drug trafficking, and grand theft.

The reason is that the extradition process can be expensive. It is not uncommon for the process to cost between $2,000 to $4,000 or more, depending on the facts of the case.

Still, there might be circumstances where the state feels it is “worth it” to pull a person back – even for a lesser offense. This is especially true when a case has received media attention or has an impact on the political process.

Call our law firm for legal advice. We offer free consultations.

We represent clients in and around Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, and several nearby cities.

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