Extradition is the legal process of bringing someone suspected of a crime, who fled to a different state, back to Colorado. They could have travelled to Texas, Oklahoma or Florida. Below, the attorneys at the O’Malley Law Office discuss the Colorado Uniform Criminal Extradition Act and the process the government must follow to get someone released for return to Colorado. Here are the 6 key facts on Extradition to Colorado that are explained below:
- What is the Colorado Uniform Criminal Extradition Act?
- In Colorado, What is the Extradition Process Under the Colorado Uniform Criminal Extradition Act?
- What is a Governor’s Warrant in Colorado?
- What Types of Criminal Offenses are Fugitives Extradited Back to Colorado For?
- How Much Time Does It Take to Extradite a Fugitive to Colorado?
- How Can a Colorado Defense Attorney Can Help You with Extradition?
#1. What is the Colorado Uniform Criminal Extradition Act?
The Colorado Uniform Criminal Extradition Act or UCEA is an agreement between 48 of the 50 states to follow strict rules and procedures for extraditing alleged criminals in and out of their states. The UCEA can be used as is by a state or it can be modified. However, the modifications all must follow the same general process and follow federal law. Most states have made some minor modifications to the act, while some states have considerably added more protections. The two states the are not apart of this extradition process act are Missouri and South Carolina.,
#2. In Colorado What is the Extradition Process Under the Colorado Uniform Criminal Extradition Act?
The Colorado Uniform Criminal Extradition Act is the process in which a person suspected of a crime is arrested in an asylum state (where they are staying) and brought back to Colorado. The UCEA for Colorado follows this process, to get someone returned here:
- Colorado declares the crime that was committed and files a request with the asylum state where the fugitive lives.
- The asylum state where the fugitive lives performs an investigation of the case.
- The asylum state governor of that state sign’s a Governor’s Warrant.
- If the fugitive is not already in custody the asylum state police arrest them.
- A hearing takes place where a fugitive can contest the extradition unless they waive the hearing.
- Arrangements are made to take fugitive from asylum state to Colorado.
- Transportation to Colorado.
#3. What is a Governor’s Warrant in Colorado?
The simple answer is that in Colorado a Governor’s Warrant is a document that allows the asylum state to arrest the fugitive. A Governor’s Warrant is a document that Colorado has created with the facts of the case, directions for the police on how to execute the warrant, and it is signed by the asylum state governor. The UCEA also has guidelines for how the Governor’s Warrant is filled out and how it is added to the National Crime Information Center, just like any other warrant is. This is what police check on their computer each time they encounter someone.
It is important to note that the Governor of the asylum state is the one that signs it, however the Colorado governor would sign it if another state was seeking to Extradite a fugitive out of Colorado to another state.
#4. What Types of Criminal Offenses are Fugitives Extradited Back to Colorado For?
In Colorado, any fugitive that is suspected of a committing a crime can be Extradited, whether it is a petty offense, misdemeanor, or felony. Extradition is expensive, it can cost anywhere from $2,000-$4,000 or more so it is rare that Colorado will Extradite a person on more minor offenses. Our state usually limits extradition to felony charges. The offenses that a fugitive is most likely to be Extradited for are:
- Murder
- Sexual Assault
- Drug Trafficking
- Felony Theft
- Escaping a Colorado State Prison, halfway house, county jail, or probation
Lesser offenses can also be Extradited depending on if the state feels the “need” to pursue the case, especially if it was highly publicized or had political implications.
#5. How Much Time Does It Take to Extradite a Fugitive to Colorado?
Once a Governor’s Warrant is signed in an asylum state, Colorado has a period of not less than fifteen days and not more than thirty days from the date of the order within which to complete transportation. While the arrangements are taking place, the fugitive is in the custody of a jail in the asylum state.
#6. How Can a Colorado Defense Attorney Can Help You with Extradition?
Colorado Extradition laws are complicated and difficult to understand. A criminal defense attorney can help you understand the process and the steps that can happen. For example, one of our attorneys recently contacted a Colorado prosecutor and asked him to investigate why our client had sat in another state jail for 21 days. That prosecutor then learned about a breakdown in communication where a Colorado county’s sheriff’s department forgot to send a transport van to pick up our client. The long wait in jail was unnecessary. A skilled attorney can also help you contest the Extradition – if there is a good argument that a procedure was violated. It is important for your future to have the best criminal defense attorneys aggressively fighting for your future, whether here in Colorado, or in Texas, Oklahoma, or Florida.