Colorado Misdemeanor Extradition: Likely or Not?

Colorado Misdemeanor Extradition

Extradition is often associated with serious felonies, but in Colorado, even a misdemeanor offense can trigger an extradition request under specific circumstances.

Whether you are facing an out-of-state warrant for a misdemeanor or dealing with potential extradition from Colorado, understanding the legal process, penalties, and options is critical.

What is Misdemeanor Extradition in Colorado?

Extradition is the legal process by which a person charged with or convicted of a crime in one state is transferred to another state where the offense occurred.

While extradition for felonies is common, extradition for misdemeanors is less frequent but still possible—particularly when the crime is considered serious or if the individual has repeatedly failed to appear in court.

Colorado follows the Uniform Criminal Extradition Act (UCEA), which governs how extradition requests are handled.

Under this act:

• The governor of Colorado can issue a warrant for someone in another state to be extradited back to Colorado for a misdemeanor.
• Other states can request Colorado to extradite someone if the offense meets certain legal criteria.
• In some cases, law enforcement may decline to extradite for minor misdemeanors due to cost and practicality, but this is not guaranteed.

Legal Basis for Interstate Extradition

Federal law governs interstate extradition in the U.S. The Extradition Clause of the U.S. Constitution (Article IV, Section 2) mandates that:

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime

Additionally, federal law (18 U.S.C § 3182) outlines specific extradition requirements. The Uniform Criminal Extradition Act (UCEA) provides further guidelines, although South Carolina and Missouri have their state laws that follow federal standards.

What Misdemeanors Can Lead to Extradition?

Not all misdemeanors trigger extradition proceedings. However, certain offenses are more likely to result in extradition, especially if they involve public safety concerns, financial crimes, or repeated offenses.

Misdemeanor Offenses More Likely to Trigger Extradition:

• DUI and Traffic Offenses: If a person commits a DUI in Colorado and fails to appear in court, an extradition request could be issued.
• Theft and Fraud Crimes: Shoplifting, check fraud, and identity theft are often prioritized for extradition, especially when large amounts of money are involved.
• Domestic Violence Charges: Due to stricter laws on domestic violence, states are more likely to seek extradition for offenses involving a protective order violation or repeated incidents.
• Drug Possession: Misdemeanor drug charges may lead to extradition if the person has prior offenses or if the charge is part of a larger investigation.
• Failure to Appear in Court: If an individual has multiple failures to appear, even for minor offenses, a judge may issue a fugitive warrant, increasing the chances of extradition.

According to FindLaw, fleeing to another state does not guarantee evasion of punishment for alleged crimes.

Both state and federal governments utilize extradition laws to ensure that offenders face justice. Extradition allows one state to surrender an individual to another state for criminal prosecution [1].

Types of Extradition

Extradition is a legal process where one jurisdiction transfers an individual to another for criminal prosecution or punishment.

There are two primary types of extradition: interstate extradition and international extradition.

1. Interstate Extradition

Interstate extradition occurs between two states within the United States. It is governed by the U.S. Constitution’s Extradition Clause (Article IV, Section 2, Clause 2) and federal law (18 U.S.C. § 3182).

This clause requires states to extradite individuals who have committed treason, felonies, or other crimes in one state and fled to another upon demand from the original state’s executive authority.

Interstate Misdemeanor Extradition Process

Extradition for misdemeanors is less common than for felonies, but it can still occur if Colorado authorities deem it necessary.

If you have an outstanding misdemeanor warrant in Colorado and are arrested in another state, the following steps outline what to expect:

Step 1: Issuance of a Warrant

If a person fails to appear in court or violates the conditions of their sentence, a bench warrant or fugitive warrant may be issued. If law enforcement determines that extradition is necessary, the case is escalated.

Step 2: Arrest and Holding in Local Custody

If arrested in another state for an outstanding misdemeanor warrant from Colorado:

• The individual may be held in custody until Colorado authorities confirm whether they will proceed with extradition.
• This process can take days or weeks, depending on the severity of the charge.

Step 3: Governor’s Extradition Warrant

If extradition is approved, the Colorado governor may issue a formal extradition request. The accused has the right to challenge extradition but may be detained while the legal process unfolds.

Step 4: Transport to Colorado

Once extradition is approved, law enforcement transports the individual back to Colorado to face the original charges. The costs of extradition are usually billed to the defendant.

2. International Extradition

International extradition involves transferring individuals between countries for criminal prosecution or punishment. This process is more complex due to international relations and treaties that must be respected.

International Misdemeanor Extradition Process

Extradition on an international level is far more complex than interstate extradition, as it involves multiple legal systems, diplomatic negotiations, and human rights considerations.

While misdemeanor extraditions are rare, they can still occur under certain circumstances.

The following are key factors in International Misdemeanor Extradition:

• Treaties: Most international extraditions rely on bilateral treaties between countries outlining conditions under which individuals can be extradited.
• Dual Criminality: The crime must be punishable in both countries involved.
• Political Considerations: Diplomatic relations can influence whether an individual is extradited.
• Legal Procedures: Each country has its own legal framework for handling international extraditions, often involving judicial hearings before transfer.

International extraditions require careful consideration of human rights protections and potential political implications, making them generally more challenging than interstate cases within the U.S.

What is the Extradition Process from Another State Into Colorado?

According to SCLG, the process for extraditing a fugitive to Colorado involves several key steps [3]:

1. Request Filing: Colorado submits a formal request to the asylum state, detailing the crime committed by the fugitive.
2. Investigation: The governor of the asylum state initiates an investigation into the allegations.
3. Governor’s Warrant: If the investigation supports the request, the governor of the asylum state signs a governor’s warrant.
4. Arrest: Law enforcement in the asylum state arrests the fugitive if they are not already in custody.
5. Extradition Hearing: The asylum state holds a hearing where the fugitive can contest the extradition unless they waive this right.
6. Transportation Arrangements: Arrangements are made to transport the fugitive back to Colorado.
7. Transfer: The fugitive is then transported to Colorado to face charges.

Colorado’s Approach to Extradition for Criminal Offenses

While Colorado has the authority to pursue fugitives for minor offenses, it typically focuses on extraditing individuals suspected of serious crimes such as murder, sexual assault, drug trafficking, and grand theft.

The high cost of the extradition process, which can range from $2,000 to $4,000 or more, often influences this decision.

However, Colorado may decide to extradite for lesser offenses under certain circumstances, particularly if the case has garnered media attention or has significant political implications.

What Is a Misdemeanor? Classification and Punishments

A misdemeanor is a criminal offense that carries less severe penalties than felonies but more consequences than infractions [2].

Potential Penalties and Costs of Extradition for a Misdemeanor

Even though misdemeanors carry lesser penalties than felonies, extradition adds significant legal and financial burdens.

Penalties for Misdemeanors in Colorado

Misdemeanor Class	Maximum Jail Time	Maximum Fine	Additional Penalties
Class 1	Up to 18 months	$5,000	Probation, community service, restitution
Class 2	Up to 12 months	$1,000	Probation, possible jail time

Additional Costs Due to Extradition

• Legal Fees: Hiring a defense attorney for extradition cases can cost $2,000 – $10,000+.
• Extradition Transport Fees: Some defendants are required to pay for their own transport back to Colorado, which can cost hundreds or even thousands of dollars.
• Lost Wages: Being held in custody for weeks without bail can result in job loss and financial hardship.

What Are Your Legal Options If Facing Extradition?

If you or a loved one is facing extradition to or from Colorado for a misdemeanor charge, there are legal defenses and options to explore:

1. Challenge the Extradition Request

A defendant has the right to challenge the validity of the extradition request, arguing:

• Lack of probable cause for the original misdemeanor charge.
• Procedural errors in the warrant or extradition request.
• Violation of rights, such as improper arrest procedures.

2. Negotiate to Avoid Extradition

A skilled defense attorney may negotiate with the prosecutor or judge to resolve the case without extradition by:

• Arranging for the defendant to voluntarily appear in Colorado instead of being transported.
• Negotiating a plea deal or dismissal of charges.

3. File for a Writ of Habeas Corpus

A defendant can challenge extradition by filing a writ of habeas corpus, arguing that the legal process was violated or that extradition is unreasonable for a misdemeanor offense.

4. Request Bail While Awaiting Extradition

In some cases, a judge may allow bail so the defendant can return to Colorado voluntarily rather than being forcibly transported.

Related Articles:

• What is an Arrest Warrant?
• What if You’re Arrested and Have an Out of State Warrant?

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References:

1. https://www.findlaw.com/criminal/criminal-procedure/extradition-law—state-to-state-extradition-process.html
2. https://www.law.cornell.edu/wex/misdemeanor
3. https://www.shouselaw.com/co/defense/extradition-into-colorado/