Q: CO (now in WI) for not reporting to jail to start my 4 month work release sentence? (Say after a random traffic stop)?
Will I be extradited back to Colorado (now in Wisconsin) for not reporting to jail to start my 4 month work release sentence? (Say after a random traffic stop/etc. here in WI)
The sentence was for being terminated (revocated) on probation for failing to follow terms for 1 year of probation ordered from a DUI (1st) conviction. I completed all required DUI classes already and obtained my driver's license back so I'm on good terms with the DMV at least.
If I go back to serve my time, I will loose the chance to spend the last little bit of time I have left with my terminally ill mom...and my job/apartment/etc.
Thank You for your advice...willing to pay for a detailed in depth answer (that thoroughly explains Colorado's extradition rules - and if a felony escape charge is able to be tacked on as well).
If you are stopped it is very likely that the warrant will be found. The information about the warrant should note whether extradition from another state is sought. If so you will be held for extradition to Colorado. It is unusual, but not unheard, for a state to extradite a person for a misdemeanor, although on a DUI the chance are increased somewhat. For purposes of extradition the reason’s you failed to successfully complete all the terms and conditions of probation is irrelevant.
The law regarding extradition is relatively straight forward. The biggest factor is whether the District Attorney in the jurisdiction that issued the warrant decides to initiate extradition proceedings.
Under the facts provided if an escape charge was fillable, it would not be a felony. Additional facts might change that assessment.
As noted by Mr. McHugh, extradition for a misdemeanor warrant is not common. However, in your particular case, the warrant was for failure to appear for a jail sentence. Based on experience, I would imagine the bond amount is very high and makes it much more likely a prosecutor would elect to extradite if you are picked up in WI.
Having something like this hanging over your shoulders is no way to live. Perhaps rather than waiting to see if something happens, you should be proactive and either return to Colorado to try and resolve the issue or simply return to Colorado and remand yourself to serve the sentence.
I wish you the best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.