Extradition involves a person accused of committing a crime in one state, who flees to another.  The first state may demand that the person be returned or extradited back to answer for the crime.  Get a  top Greeley and Weld County criminal defense lawyer if you believe you may be extradited back to Colorado.  The process of Extradition is a uniform and predictable one. Colorado is one of 48 states part of the Uniform Criminal Extradition Act (UCEA), meaning that nearly every state may demand a fugitive be brought back to another state for prosecution, and Colorado is able to do the same.  When a defendant is extradited, they are subject to an expensive, uncomfortable jail transport van trip back to the state where the crime was committed, which can add further complications to an already complicated criminal case.

What is the Uniform Criminal Extradition Act (UCEA)?

The Uniform Criminal Extradition Act (UCEA), C.R.S. 16-19-101through 16-19-134, is an agreement of procedures between 47 different states, allowing each to demand the return of a fugitive if he has fled to another state.  For example, if a person commits a crime in Delaware, then flees to Colorado (which becomes the asylum state – the state where a fugitive flees to avoid prosecution), the state of Delaware may demand that the fugitive be returned for prosecution.  Colorado may do the same and demand a fugitive who has fled to another state.  However, extradition is a costly process, so Colorado does not often demand fugitives unless they have committed a felony crimes (e.g., Kidnapping, Assault, Sexual Assault).  Misdemeanors do not normally serve as the basis for an Extradition request. When Colorado does choose to extradite a fugitive, they may then recoup the monetary loss for the trip back (often in the thousands of dollars) by later requiring the defendant to pay restitution.

How Does the Extradition Process Start in Weld County?

The first step of the extradition process in Weld County is the governor’s warrant. Whenever a state demands a fugitive, the governor of that state must first issue a warrant for the fugitive’s arrest and extradition. If the governor of the asylum state decides to comply with the demand, he or she must then sign the warrant, and the extradition is then set in motion. As an example, if Colorado demands that a fugitive who fled to New York be extradited back, the governor of Colorado must first issue a governor’s warrant. If the governor of New York complies following an investigation to ensure that procedures are properly followed by Colorado, she would then sign the warrant. The issuance of the warrant and the governor of the asylum state signing the warrant set the extradition process in motion.

The Extradition Procedure to Return a Defendant to Colorado

Once the governor’s warrant is signed, the extradition process then begins. Law enforcement in the asylum state seeks out and apprehends the fugitive, who is then given an Extradition hearing. More than anything else, this hearing is to ensure that all proper procedures were followed in the fugitive’s apprehension. This is not the same as a criminal proceeding, in which the defendant’s guilt or innocence is determined. Normally, there will not be any witnesses called in the asylum state, since it is just a short hearing. The defendant is tried for his crime after he is extradited back to his home state, where the crime occurred.

A defendant may protest the extradition through a writ of habeas corpus, but it is unlikely that he will be able to successfully fight against the extradition. Before his extradition hearing, however, he will be able to hire a top criminal defense lawyer who can advocate for him to post bail and bond out of the jail where he is being held, and then drive himself back to the home state for prosecution. He will still have to answer the charges against him once he returns, but he will save himself an expensive and uncomfortable van ride back to his home state. This van does not travel a straight line back to the home state, but deviates to many states along the way to pickup and drop off wanted men and women. Defendants spend the night in county jails during the trip – all for which they’ll pay a huge bill upon conviction.

Why You Need a Top Greeley Criminal Defense Lawyer if You are Facing Extradition

If you are facing the possibility of extradition back to Greeley or elsewhere in northern Colorado, you need to contact a top criminal defense lawyer immediately. The cost of extradition is exorbitant and most often involves a lengthy, uncomfortable ride in a prison van. While you may not be able to fight against the extradition itself, your lawyer can help you fight to return to Colorado by transporting yourself, saving you thousands of dollars. Your lawyer can then take on your charges at the Weld County Courts and further protect your future. Don’t wait to contact the best defense lawyer. The sooner you contact a top criminal defense attorney, the greater are your chances of transporting yourself back to Colorado and having the best possible outcome in your case after your return.