Colorado Sex Crime Attorney Blog

What is the Extradition Process in Colorado?

Posted by Kyle B. Sawyer | Nov 18, 2015 | 0 Comments

More and more men and women are facing extradition in Denver, Colorado and across the United States. Because of its frequency, it's important that men and women know what extradition is, and what the extradition process looks like in Colorado or any other state.

Extradition in Adams County

Basically, whenever someone is accused of a sex crime (such as Sexual Assault on a Child or Felony Sexual Assault / Rape), but crosses state borders to avoid prosecution, extradition is the process of ensuring they cannot avoid liability for committing the criminal offense.

Let's say a 30-year-old man has sexual intercourse with a child under fifteen years old in Adams County, Colorado. To avoid being caught, he packs all of his things and drives to New Mexico. Once there, however, police are looking for him. They eventually locate him and he is arrested. In due time, he will be transferred back (extradited) to Colorado. There, he will have to appear in court for a plea agreement or jury trial.

[pullquote align=”center” textalign=”center” width=”70%”]If you've been arrested under an extradition warrant, contact a criminal defense lawyer today.[/pullquote]

What Happens During the Extradition Process in Denver?

When someone is accused of committing a crime, a judge in that county will issue an arrest warrant. That warrant is listed with the National Crime Information Center, so that police across the country have access to it. Once a person is arrested in another state on a Colorado warrant, the Colorado governor would send a governor's warrant to the other state's governor, seeking extradition of the arrested person. After a defendant (also known as a foreign fugitive) is arrested, he / she can request a procedural court hearing (a Writ of Habeas Corpus). This court hearing is only to ensure all court procedures are followed the way they're supposed to be followed under the Uniform Criminal Extradition Act. The Uniform Criminal Extradition Act, C.R.S. 16-19-104, details specifically how every state in the United States should handle the extradition process. If everything in the extradition process has been followed correctly under this act, the defendant will be held in custody until extradited to the state they committed the crime in.

Learn More About the Extradition Process: Hire a Criminal Defense Lawyer

If you have been arrested under an extradition warrant and are waiting to return to Denver, Douglas, or Jefferson County, Colorado, contact one of our criminal defense lawyers. The same goes for if you've committed a crime in another state but have been arrested in Colorado. In previous extradition cases we've handled, we've sometimes been able to help a defendant post bond in Colorado to avoid extradition to another state. Act quickly and call one of our extradition defense attorneys today if facing extradition. We'll work aggressively to protect your future.

Request a Free Consultation

If you or someone you love is facing extradition from Colorado or to Colorado, always be smart, exercise your right to remain silent and call the best sex crimes defense attorneys at the O'Malley Law Office at 303-830-0880 or fill out the “Get Help Now” form at the side of this page. Together, we can protect your future.

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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