Denver, CO asked in Criminal Law and DUI / DWI for Colorado

Q: Would I be taken in on this warrant (say, during a random traffic stop or something of that nature) in WI? Extraditable?

Hi,

I'm out on a $1,500 PR bond for a probation revocation case that stemmed from a DWAI that I was convicted of a couple years ago.

Basically, I was sentenced to a year of probation and ordered to complete DUI classes and community service, as well incurred fines. I was able to complete my classes and obtain my license back, but I never ended up successfully completing the probation. I pretty much just disappeared and absconded for almost a year (and moved back home to WI).

Just recently, I came back to CO to finish clearing out my storage shed, and was taken in on the warrant during a random traffic stop. I was able to post bail and am now out on bond. Originally, if I didn't abscond for so long I could have probably just did two month in jail according to my public defender, but I'm now most likely looking at close to 4 to 6 months in jail now(with no option to terminate and reinstate probation).

My sentencing is in less than a week.

Thank You for the advice!!!

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: The charges that you are facing now are more severe because you fled; if you flee again the charges will continue to get exponentially worse. If you flee the state, a FTA (failure to appear) bench warrant will be issued. This will be reported on the national FBI list. Beyond the inability to find employment, get insurance, get a driver's license or participate in any official state or federal actions, the amount of time you spend in jail will also likely increase.

Extradition is based on a lot of factors. Colorado is increasingly taking a harder stance with DUI prosecutions and seeking extradition (even for misdemeanors). The critical part is that with a FTA every time you are "popped" you will be arrested (held for up to 6 months while Colorado decides to extradite or not) and potentially garner new charges (e.g. driving without a license and insurance). With computers and sharing of information the ability to skip minor offenses is becoming harder without incurring significant penalties.

In other words, it is better to face the charges now so you can move on with your life. Fleeing charges means that you be an outcaste from society indefinitely or until you face the charges (and the resulting penalties for fleeing in the first place).

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