Legal Question in Criminal Law in Colorado

Re: Jurisdiction

To answer your first question, yes, a change of venue is a legal manuever, and depending on the Jeffco connection it may not even be a change of venue.

To answer your main question, the best thing for you to do is contact an experienced immigration lawyer and see if he or she has any ideas.

You may need to face a different question, though. Apparently you were in this country illegally when you were arrested for drug possession. Unless the authorities considered you a major drug dealer, why would they be eager to bring you back to Colorado, jail you, try you, convict you, and jail you again, all on the People's dime, when they could drive you across the border for about a buck and a half in gas, and put you back on the Mexican peso?

And, unless, in the 17 years since, you've discovered a cure for cancer or otherwise led a sterling life not under the influence of drugs, why would they want you back?

That said, I do hope an immigration lawyer can figure a way to get you back into this country, if only on an emergency basis to see your mother before she dies. No son should have to bid his mother vaya con dios over a telephone.

Good luck.

Re: Jurisdiction

A followup to my own answer:

On the other hand, I do think you may have a claim for dismissal of the 17-year-old charges based on a violation of your right to a speedy trial. Although I don't think you may claim this under Colorado statute (because speedy trial commences with a plea to the charges, which apparently never occurred), you do have a Constitutional argument, under both the federal and Colorado constitutions.

Because you made yourself available for extradition to Colorado, and Colorado prosecutors apparently declined to extradite you, I think it likely that dismissal is required. Then that old charge, at least, should not stand in your way of getting your visa.

Again, best of luck.