In Weld County, if you have committed a crime in another state, Extradition can happen to you. Extraditing you to another state is pretty common if you are being accused of a felony. Misdemeanors rarely serve as the basis for Extradition can also happen if you reside in another state and have committed a crime in Colorado. You can be Extradited to Colorado. Below you can learn more about the process of bringing someone from one state back to another for court purposes. Be sure and call the O’Malley Law Office with specific questions about your case.
What is Extradition in Greeley, Colorado?
Extradition in Greeley, Colorado, C.R.S. 16-19-104 is:
The Uniform Criminal Extradition Act is an agreed series of procedural steps to return someone from one state to another. It is based on the constitution. Within the United States, federal law sets up the basis for extradition laws from one state to another. The Extradition Clause of the U.S. Constitution requires that:
Simply put, Extradition is the legal process of bringing back a “fugitive from justice” to the state in where they allegedly committed a crime.
Charge of ‘Fugitive from Justice’ in Colorado Courts
Did you know that the common charge you’ll get if arrested for Extradition, is Fugitive from Justice? This is what will show up on your criminal history once arrested in most states. Rarely is someone actually convicted of this charge, but it is a formal term for being arrested to be taken somewhere else. The problem is that it looks like you intentionally ran from one state to another, when in fact this rarely occurs. In many cases, people don’t even know they have charges pending outside their current state.
What are the Reasons a Person Could Be Extradited in Weld County?
A person could be extradited in Weld County if he or she:
- A person commits a crime in another state and flees to Weld County
- A person violates their bail condition which prevents them from leaving the state – here or in another state
- A person violates the conditions of their parole or probation, by leaving their state
What is the Process of Extradition in Greeley, Colorado?
In Greeley, Colorado the process for Extradition out of Colorado is very specific. The state requesting the extradition of the alleged offender must:
- Obtain a written document that demands the production of the wanted individual
- Then the document must be signed and verified by the governor of the state in agreement with the Uniform Criminal Extradition Act
- Once Colorado Governor receives the document, they will verify it and they produce a Governor’s Warrant.
- Once the Governor’s Warrant is issued the person can be arrested if they are not already in custody.
The process is the same if the fugitive wanted is in another state, but the crime was committed in Colorado. It would just be the Colorado Governor signing the requesting document.
What Happens Once a Fugitive is Arrested in Weld County? Waive Extradition or Not?
In Weld County, after a Governor’s Warrant is issued and an alleged fugitive is arrested, they are entitled to a hearing before a Weld County judge. This hearing is called a Writ of Habeas Corpus. In this hearing, no one is concerned with the guilt or innocence of the person being taken to another state. The hearing is only held to make sure that the procedures and extradition order is valid. A suspect can waive the Writ of Habeas Corpus, which will speed up the process. However, it should not be presumed that the procedures have been followed correctly. You will need an experienced attorney to help you navigate the court system and make a smart decision on whether to waive extradition or not.
If you or a loved one is facing Extradition to or from Greeley or Weld County be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office. Call 970-616-6009 to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. Together, we can protect your future.
Image by Free-Photos from Pixabay