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? asked in Politics & GovernmentLaw & Ethics · 4 years ago

Does California have an extradition with Colorado based on a warrant for a misdemeanor DUI?

Update:

I was visiting Colorado and obtained a DUI. I live in California. I believe there is a warrant in Colorado. Will it effect my life?

I do not care for any HYPOTHETICAL answers. only real law and law enforcement.

2 Answers

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  • Anonymous
    4 years ago

    They would probably not extradite you from California due to the expense, however they can suspend your license, arrest and jail you in California.

    The problem is that you have an active warrant out for your arrest and you can be picked up and held, most likely for 30 days, wherever you are, while CO decides whether to come and get you.

    see

    In most states the court takes two actions when a person fails to appear on a misdemeanor DUI. First, a bench warrant is issued. A bench warrant is what you are referring to as a stop warrant - if you are stopped or otherwise come in contact with the police you get arrested. Bench warrants are usually reported to the National Criminal Information Center database and appear on warrant checks all over the country. The second step is to suspend the person's license for failing to appear. This suspension usually last until the person either appears or, in some states, until the case is resolved. A third problem is that prosecutors also file charges for failing to appear. These are a separate criminal charge.

    If you Skipped out on a DUI that occurred in Colorado then the court would have issued a bench warrant. If you were on bond then the judge will also revoke your bond and commence bond forfeiture proceedings against the bonds person. The bench warrant will show up on the NCIS (National Crime Information System). A DUI is an unclassified misdemeanor and, generally, it is a non extraditable warrant. This means that if you are detained because of the warrant then law enforcement from the court having jurisdiction over that law enforcement county will not ask the foreign (holding) state to have you extradited. Usually, felonies are extraditable warrants. This means that the law enforcement of the warrant issuing jurisdiction will ask the detaining (holding) state to keep you in jail for 30 days in order to obtain a governor's warrant in order to extradite you to the warrant issuing county in Colorado. Unless there are some very special circumstances the arrest warrant is only a stop warrant. A stop warrant is that you are detained upon any contact with law enforcement for any reason. Also remember, if you travel by air or wherever there is a home land security post then they do check passengers or travelers or outstanding warrants. Such is also the practice in some federal building check points or security screening posts.

    If you are arrested and brought to court you will not be released on a PR ((personal recognizance ) bond but will, generally, have to a post a cash or surety bond of a couple of thousand dollars. Further, this skipping will also be on your record and when you come in contact with the criminal justice system as an accused this fact of skipping will be used to ask that you post a higher bond than if you never skipped out. Skipping out will also label you in 6the NCIS and court systems as a fugitive from justice or jurisdiction. It is better to surrender yourself voluntarily and explain to the judge why you missed your court date. Consult a criminal defense attorney to help you.If your reasons are valid, reasonable and makes sense the judge may be lenient. However, the longer it takes the worse the situation will get.

    https://www.avvo.com/legal-answers/when-a-person-s...

  • Anonymous
    4 years ago

    i

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