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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 8 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption