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Law Office of Clyde Guilamo, LLC
Aurora, United States

Founded in 2017
5 people in their team
English
Law Office of Clyde Guilamo, LLC is a Chicago based trial law firm handling criminal defense, traffic, orders of protection and juvenile matters. Led by Clyde Guilamo, a former prosecutor with more than a decade of courtroom experience and over 100 trials, the firm provides aggressive, results...
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What happens after an out-of-state warrant leads to an arrest in Aurora?

Aurora crosses Arapahoe, Adams, and Douglas counties, so the county and court handling an arrest can depend on where the person is taken into custody. A warrant from another state may lead to an arrest in Aurora while that state seeks the person’s return.

In an interstate extradition case, Colorado authorities review the requesting state’s paperwork and a Colorado court considers the person’s custody. The court does not decide whether the person is guilty of the underlying charge. International extradition follows a separate federal process.

A lawyer can review the warrant and extradition documents, explain whether to contest or waive return, and advise on any separate Colorado charges. Timing depends on the paperwork, court availability, and whether the person challenges the extradition.

When legal help can make a difference

  • You are arrested in Aurora on another state’s warrant: A lawyer can check that officials have identified you correctly and explain the next court steps.
  • You believe the warrant names the wrong person: Identity may be a relevant issue in an extradition challenge, and supporting records may need prompt attention.
  • You want to contest being sent back: A lawyer can assess whether there are grounds to challenge the extradition documents or seek habeas corpus review.
  • You are considering waiving extradition: Waiving may shorten the process, but it gives up an opportunity to require the requesting state to complete formal procedures.
  • You have a separate Aurora-area case or hold: Counsel can help you understand how the local matter may affect custody and coordinate the separate proceedings.
  • You need to understand detention or release options: A lawyer can explain what the court may consider and whether release is legally available in your circumstances.

Rules that govern extradition in Colorado

U.S. Constitution, Article IV, Section 2, Clause 2: The Extradition Clause provides the constitutional basis for returning a person charged with a crime in one state who is found in another.

18 U.S.C. § 3182, the federal interstate extradition statute: It sets out the process for a state executive authority to request the return of a person charged with a crime in another state. The provision was enacted as part of the 1948 revision of Title 18, effective September 1, 1948.

Colorado Uniform Criminal Extradition Act, C.R.S. §§ 16-19-101 through 16-19-133: This is Colorado’s statutory framework for extradition proceedings, including arrest, court appearances, and a person’s opportunity to seek habeas corpus review. The applicable procedure depends on the facts and the documents presented in the case.

Frequently asked questions

Can another state’s warrant lead to an arrest in Aurora?

Yes. Colorado law allows authorities to arrest a person sought by another state, subject to the applicable extradition procedures. The next steps depend on the warrant, the requesting state’s documents, and where the person is held.

What happens at the first court appearance?

The person is brought before a Colorado court and informed about the extradition proceedings and available rights. A lawyer can review the documents and explain the choices before the case proceeds.

Can I challenge the charge that led to the warrant?

An extradition hearing generally is not a trial on the underlying charge. Challenges are limited, and may concern issues such as identity or whether the required extradition documents and procedures are in order.

Can I be sent back if I did not commit the crime?

Extradition does not determine guilt. A person may have limited grounds to contest extradition in Colorado, while defenses to the criminal charge usually must be raised in the requesting state.

Can I waive extradition?

A person may choose to waive formal extradition procedures. Waiving can speed up return, but it gives up the opportunity to require the requesting state to complete those procedures; discuss the consequences with a lawyer first.

How long does an extradition case take?

There is no fixed timeline for every case. A waiver may shorten the process, while disputed identity, incomplete paperwork, a habeas petition, or court scheduling can add time.

Can I be released while the case is pending?

Release is not automatic, and the rules and circumstances can affect whether it is available. Ask a lawyer to review the custody basis and advise on the options in the specific case.

How much does an extradition lawyer cost?

Fees vary by lawyer, location, urgency, and whether the case is contested. Ask for the fee structure in writing, including what court appearances are covered and whether separate criminal charges require separate representation.

Can I get a court-appointed lawyer?

You may be able to request appointed counsel if you cannot afford a lawyer, subject to the court’s eligibility rules. Ask the court or a lawyer promptly how to apply and what financial information is required.

Is extradition between states the same as international extradition?

No. Interstate extradition is governed by constitutional, federal, and state procedures. International extradition involves federal authorities and treaty requirements, and may include proceedings in a U.S. district court.

Does an Aurora Municipal Court handle extradition?

Interstate extradition is handled through Colorado state-court procedures, not as a decision on the out-of-state criminal charge in municipal court. The court involved depends on the custody and case circumstances.

Official resources

  • Colorado Judicial Branch: Provides information about Colorado courts and court services. Its official court resources can help identify the appropriate court for a proceeding.
  • Colorado Governor’s Office: The governor’s office is involved in the state executive process for extradition requests and warrants. Its official information can help explain the state-level process.
  • U.S. Department of Justice, Office of International Affairs: Handles federal coordination in international extradition matters. It is relevant when a case involves a foreign country rather than another U.S. state.

Steps to find and hire an extradition lawyer

  1. Act immediately. If someone has been arrested, ask for a lawyer before agreeing to waive extradition or making decisions about the process.
  2. Confirm where the person is held. Contact the relevant detention facility or court using official information; Aurora-area cases may involve different counties.
  3. Gather available records. Collect the warrant information, court notices, booking details, and any documents that may help establish identity or explain the case.
  4. Contact Colorado lawyers who handle extradition cases. During the first day, ask whether they can appear in the court handling the custody matter and have experience with interstate extradition.
  5. Compare scope and fees. Before hiring, ask what the fee covers, whether hearings or habeas work cost extra, and whether separate criminal charges need another agreement.
  6. Confirm representation in writing. Review the engagement agreement and make sure the lawyer knows the court date, custody location, and any deadlines as soon as possible.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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