Denver, CO asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado

Q: What does this mean; Unlawful Flight to Avoid Prosecution - Title 18 US Code 1073?

I have a warrant in Colorado for not showing up to their court for a hearing about restitution. I was coerced into a deferred sentence and given a restitution and misdemeanor. These people never intended to treat me fairly. I have never been a resident of Colorado. I was just driving through and wasn't even in motion when I was harassed there. The bond's woman was calling around telling people in the town that the only way that I could get out was by taking a plea bargain. The public defender I had told me he didn't care about me, that I better take the plea bargain. I've been in contact with their court regarding payments and my current addresses. I've been bi-coastal for awhile and have also been in New Orleans and D.C., job hunting. Should I be worried about this: Unlawful Flight to Avoid Prosecution - Title 18 US Code 1073?

1 Lawyer Answer
Sean Maye
Sean Maye
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: First off, I am sorry this happened to you. It sounds like your experience while the case was open was pretty difficult and that your experiences afterward have continued to be difficult.

That said, if you agreed to restitution and a restitution hearing was set for whatever reason, then your warrant for failing to appear is active and will likely result in your arrest should you come into contact with law enforcement. Whether you can be arrested on that warrant in CO only or in another state depends on what type of warrant the Court issued. If it was an in-state warrant, then it would likely be that you could only be arrested in CO. But, if it was a nationwide extraditable warrant, then you could be at risk of arrest out of state as well.

Your best bet might be to contact the Courts and waive any issues concerning the contest of restitution that required the hearing in the first place, though that would result in the Court ordering the amount of restitution that was likely previously in question. That is just one general suggestion but is not an official position and is not official advice.

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