If I’m on probation for DUI and need to move to to another state, since I have an active warrant will I be detained or extradited?

UPDATED: Feb 7, 2013

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If I’m on probation for DUI and need to move to to another state, since I have an active warrant will I be detained or extradited?

And if so, for how long?

Asked on February 7, 2013 under Criminal Law, Colorado


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You really have two issues-- the first is the transfer of your probation and the second is an active warrant.

Before your probation can be transferred, the state of your conviction has to contact the state you are going to and arrange for the transfer.  If the state you are going to does not want you, then your probation officer can deny your request.  Most transfers are approved, but an issue like an active warrant can result in a transfer being denied (at least until the issue is resolved).

Your second issue is the active warrant.  If you go to your probation officer and they know that you have an active warrant, then more than likely you will be taken into custody.  Once in custody, the time for extradition to the original state of conviction will depend on a variety of factors.  These factors will include the extradition rules of the state where you were arrested, the extradition procedures of the state seeking your return, and the interstate agreements between the two states.    If you waive formal extradition procedures, you will usually be returned more quickly (2-4 weeks depending on communication and manpower issues).  If you resist extradition, it can take much longer because the court where you are incarcerated will have to schedule an extradition hearing. 

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