Extradition

If there is you have a felony warrant out of another state and you are arrested in Colorado, you will likely be facing extradition proceedings. The Uniform Criminal Extradition Act controls extradition proceedings. See C.R.S. §§ 16-19-101 et seq. You will typically have two options during extradition proceedings. You can fight or waive extradition. If you fight extradition, the court will likely hold you without bond for at least thirty-five days and no more than ninety days to give the state the warrant is out of time to come get you. See § 16-19-116. However, under certain circumstances the court can hold you longer, which I will discuss later. During this time, the demanding state will also be sure that a warrant is issued and signed by the governor of Colorado. See §§ 16-19-104; 16-19-108. You will then get an opportunity for a procedural hearing called a writ of habeas corpus. See § 16-19-111. At the hearing, the court will ensure that the proper procedures were followed under the Uniform Criminal Extradition act. The court will not inquire into innocence or guilt. During this process, you can also ask the court for a bond to be set. See § 16-19-117.

Your other option is typically to waive extradition. See § 16-19-126(1). If you waive extradition, the court will hold you in custody without bond until the demanding state picks you up. You will typically be released if the demanding state fails to pick you up.

However, if you are facing local charges in addition to extradition, the court can hold you past ninety days for extradition. See § 16-19-120; Jacobson v. Sullivan, 703 P.2d 1293, 1296 (Colo. 1985) (en banc). If you find yourself in this situation, you will need to resolve the local charges before the court will release you in many cases. However, under the Uniform agreement on detainers, once the local charges are resolved and you receive a sentence of imprisonment, you should send notice to the prosecuting attorney and court in the state you are facing extradition requesting final disposition. See C.R.S. § 24-60-501, Art. III(a). This will trigger a six month period for the demanding state to pick you up and bring you to trial. See id. If the demanding state fails to pick you up and bring you to trial in six months, the court will likely dismiss your case. See § 24-60-501, Art. III(d). Finally, if you find yourself in this situation, beware that the notice must be sent by the prisoner to the warden, commissioner of corrections, or other official having custody over you and you must waive extradition. See §§ 24-60-501, Art. III(b); 24-60-501, Art. III(e).