Colorado does extradite for misdemeanors, and its extradition statute gives the governor authority to deliver anyone charged with a crime in another state, misdemeanor or felony. Whether the other state will actually come get you is a separate question, and for most misdemeanors the answer is no. The cost of transporting someone across state lines usually outweighs what prosecutors stand to gain from a minor conviction, so misdemeanor extradition requests are far less common than the law alone would suggest.
Colorado’s Authority Covers Every Level of Crime
Colorado adopted the Uniform Criminal Extradition Act, codified at Title 16, Article 19 of the Colorado Revised Statutes. Section 16-19-103 directs the governor to arrest and deliver any person charged in another state with “treason, felony, or other crime” who has fled and is found in Colorado.1Justia. Colorado Revised Statutes Section 16-19-103 The phrase “or other crime” is what sweeps in misdemeanors. The statute draws no line based on how serious the offense is.
So the authority is not in doubt. What varies is whether the demanding state chooses to use it.
What Makes a Misdemeanor Worth Extraditing
Prosecutors in the state that charged you weigh the expense of bringing you back against the severity of the offense. Transporting a person across state lines means paying for officers or a private transport company, fuel, lodging, and staff hours. For a minor charge carrying a small fine, that math rarely works.
The type of misdemeanor matters more than almost anything else. A DUI, a domestic violence charge, or theft involving an identifiable victim is far more likely to prompt an extradition request than a minor traffic offense or disorderly conduct. Prosecutors also look at whether you present an ongoing public safety concern. A repeat DUI offender who skipped town ranks much higher than someone who missed a court date on a petty offense.
Distance matters too. A neighboring state like Kansas or Nebraska can retrieve someone from Colorado relatively cheaply. A state on the other coast has a harder time justifying the trip for a misdemeanor. Some jurisdictions use private prisoner transport companies that charge by the mile, which lowers the cost, but even discounted transport adds up over long distances.
How the Warrant Finds You in Colorado
Leaving the state where you were charged does not make the warrant go away. Outstanding warrants are entered into the National Crime Information Center database, which law enforcement across the country can access. A routine traffic stop, an employment background check, or any police encounter in Colorado can surface the warrant and lead to an arrest.
Arrest warrants and bench warrants do not expire. The warrant stays active in the system indefinitely, which means a person living in Colorado with an open misdemeanor warrant elsewhere is one traffic stop away from starting the extradition clock.
What Happens After You’re Arrested on an Out-of-State Warrant
Once Colorado officers arrest you on an out-of-state warrant, you’re brought before a judge who looks at two things: whether you’re the person named in the charges, and whether you appear to be a fugitive. If the judge finds both, you can be committed to the county jail for up to 35 days while the demanding state prepares its formal paperwork.2Justia. Colorado Revised Statutes Section 16-19-116
This 35-day window is where many misdemeanor extraditions quietly die. The demanding state has to produce a Governor’s Warrant within that period. If it doesn’t, you must be released. Prosecutors facing the paperwork and expense for a minor charge often let the clock run out. The warrant itself doesn’t disappear, but you walk out of the Colorado jail without being sent back.
If the demanding state does follow through, its governor sends a formal request to Colorado’s governor. The request has to include the charging document and an allegation that you were present in the demanding state when the crime occurred and later fled.3Justia. Colorado Code 16-19-104 – Form of Demand If Colorado’s governor finds the request proper, the governor signs an arrest warrant directing that you be held and turned over to the demanding state’s agent.4Justia. Colorado Code 16-19-108 – Issue of Governor’s Warrant You then appear before a Colorado judge again, who informs you of the demand, the charge, and your right to counsel.5Justia. Colorado Code 16-19-111 – Rights of Accused – Habeas Corpus
Can You Get Bail While You Wait?
Sometimes. A district court judge can set bail during the initial hold as long as the underlying charge isn’t punishable by death or life imprisonment in the demanding state, you haven’t escaped from custody, and you haven’t signed a waiver of extradition.6Justia. Colorado Revised Statutes Section 16-19-117 For most misdemeanors, none of those exclusions apply, so bail is at least on the table.
The catch is timing. Once a Governor’s Warrant has been served, you’re no longer eligible for bail at all.6Justia. Colorado Revised Statutes Section 16-19-117 The window exists only during the initial hold, which may run just a few weeks. The practical chance to post bail and be released is narrow.
Fighting Extradition vs. Waiving It
You can challenge extradition by filing a petition for a writ of habeas corpus, but a Colorado court’s review is confined to four questions:
- Whether the extradition paperwork is technically complete and proper.
- Whether you are actually the person named in the charging documents.
- Whether you are in fact charged with a crime in the demanding state.
- Whether you are in fact a fugitive from that state.
A Colorado court will not hear arguments about guilt or innocence, the constitutionality of the demanding state’s law, speedy trial violations, or jail conditions.5Justia. Colorado Code 16-19-111 – Rights of Accused – Habeas Corpus Those arguments wait for the demanding state’s courtroom. The Governor’s Warrant also carries a presumption of validity, and you have to overcome it with clear and convincing evidence.
The defense that sometimes succeeds in misdemeanor cases is proving you weren’t in the demanding state when the crime allegedly occurred. If you can show by clear and convincing evidence that you were elsewhere, the extradition should fail. The bar is high, and the hearing isn’t a full trial where you can present a detailed alibi.
The other option is to waive extradition and agree to go back voluntarily. The waiver has to be signed in front of a judge, who first explains your right to insist on a Governor’s Warrant and to file a habeas petition. Signing also means no bail; you stay in custody until the demanding state picks you up.7Justia. Colorado Revised Statutes Section 16-19-126 For a minor charge, waiving can be the faster way out, since fighting may mean weeks in a Colorado jail only to be sent back anyway. Whether that tradeoff is worth it depends on what you’re facing on the other end.
Why Leaving It Alone Rarely Works
Ignoring an out-of-state misdemeanor warrant is tempting, especially if nothing seems to be happening. But warrants don’t expire, and the costs compound. Beyond the standing risk of arrest at any police encounter, an open warrant can surface in employment background checks, professional license applications, and housing screenings.
Many states also toll their statute of limitations while a suspect is out of state. Colorado’s own statute pauses for up to five years when a suspect flees, and other states have similar rules. Waiting out the clock from Colorado usually doesn’t work. The charges stay viable, the warrant stays active, and the longer it sits, the less room you have to negotiate a reasonable resolution.