Extradition refers to the formal process where the accused is forced to return to another state or country. If the extradition is between Colorado and another state, the procedures are governed by C.R.S. 16–19-104.
If the extradition involves the United States transferring a fugitive to another nation, international law requires an applicable treaty to exist. If there is no applicable treaty and the accused is not a citizen or permanent resident, the United States may still extradite the accused under the theory of legal reciprocity, also referred to as comity. In this scenario, the U.S. Attorney General will certify that that the foreign nation has produced sufficient evidence that the alleged crime would constitute a crime of violence had it been committed in the United States.
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The procedures and process for extradition, especially to a foreign nation, can be highly complex. If you may be facing extradition, call 303–578-4400 or fill out our online form to contact our firm and discuss your case with our experienced defense attorneys.