Facing an out-of-state charge tied to Colorado often raises immediate concerns, especially when the charge is relatively minor. A common concern we hear is: Does Colorado extradite for misdemeanors? At McAdams Law Office, our team provides clear guidance during these complex situations, helping clients understand the legal risks of dealing with a Colorado charge from another state. If you’re seeking trusted counsel, a Greeley criminal defense lawyer can help you navigate the process and protect your rights every step of the way.
Extradition is the formal process of surrendering an individual from one jurisdiction to another to face criminal charges or serve a sentence. According to the U.S. Department of Justice, extradition typically involves two phases: a judicial phase and an executive phase.
In the judicial phase, a court in the requested country reviews whether the extradition request satisfies the requirements of the applicable treaty and local laws. If the court rules in favor, the case enters the executive phase, where a government authority, such as the U.S. Secretary of State, decides whether to surrender the individual. The final transfer occurs only after both phases are completed and, in some cases, after appeals are resolved.
Felony cases tend to result in extradition more frequently than misdemeanor cases. Felonies are considered serious crimes, often carrying longer sentences and greater public safety concerns. Because of this, states are generally more willing to allocate resources to extradite someone charged or convicted of a felony.
Misdemeanors, on the other hand, fall on the lower end of the criminal spectrum. These might include minor theft, low-level drug offenses, or traffic-related violations. Because they carry less severe consequences and pose a lower risk to public safety, authorities often choose not to pursue extradition in these cases.
In Colorado, extradition for misdemeanors is legally permitted but generally occurs only when the circumstances demand greater attention. While the Uniform Criminal Extradition Act allows for any offense to qualify, the state tends to prioritize felonies such as violent crimes, drug trafficking, and sexual assault. Still, extradition can be triggered in some misdemeanor cases, especially those involving DUI or when the person also faces felony charges.
Yes, Colorado has the legal authority to extradite individuals for misdemeanors, although it typically depends on the circumstances. According to Colorado Revised Statute 14-6-103, it is the responsibility of the district attorney or other proper authority to take necessary steps to secure the return of someone facing criminal proceedings in Colorado, including obtaining a requisition from the governor
However, that doesn’t mean extradition is automatic. Factors such as the nature of the crime, the individual’s history, and whether the charge poses an ongoing threat can all influence the final decision. In some cases, the request is denied, or the originating state decides not to pursue extradition for logistical or financial reasons.
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The legal road to extradition starts with an arrest warrant. Once the person is located in another state, authorities may detain them based on the outstanding warrant from Colorado. The individual is then allowed to either waive or contest the extradition.
If they choose to waive it, the process moves quickly. The requesting state arranges transport, returning the individual to face charges. If the extradition is contested, the case proceeds to a court hearing in the arresting state, where a judge evaluates whether legal conditions for extradition have been met.
Yes, it is possible to challenge extradition, especially for lower-level offenses. Individuals facing extradition have the right to contest it in court, which may involve presenting arguments that the extradition request lacks a sufficient legal basis or that their rights have been violated.
Declining to waive extradition leads to a formal legal hearing in the arresting state. The court checks whether the paperwork is valid and verifies your identity. It doesn’t determine guilt or innocence.
An outstanding Colorado warrant, even for a misdemeanor, can lead to unexpected arrests, jail time, and out-of-state court visits.
Handling the warrant promptly is key. A criminal defense attorney can confirm its status, evaluate the risk of extradition, and help resolve the issue, possibly without returning to Colorado.
Criminal charges connected to Colorado can become even more difficult when they involve multiple states. Whether you’re dealing with a recent arrest or an old warrant, it’s worth getting clarity fast—especially when wondering does Colorado extradite for misdemeanors.
Contact McAdams Law Office today at (970) 353-0002 and let our team help you address your concerns.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.