Legal Question in Criminal Law in Colorado

My sister was sentenced to 4 years probation in Weld County, CO for auto theft, a class four felony. She then transfered her probation to Raton, NM, and through interstate compact, she completed all but one year of her probation. Then she was arrested for violation of probation for use of illicit drugs. She sat in Raton, NM, Colfax County jail awaiting extradition back to Weld County, CO. However, Greeley failed to come pick her up within the ten working days that they are allowed to do so. An extension was then filed, and again, they failed to collect her within the 30 day allowed extension time. So New Mexico released her, saying she was "free to go live life". My question is: Is there a law or caselaw stating that in the event that the charging state (Colorado in this case) failed to pick her up for extradition during the time allowed and she was released by the holding state (New Mexico), that the case is completely dropped? Because now, after 2years, she is involved in a car accident, her name is run through police computers, and a warrent appears for ESCAPE. She is now facing three years in prison which I find odd considering New Mexico released her based on Colorado's failure to extradite. Is there anything at all that can be done to help her? Any advice and elaborations on this type of situation will be greatly appreciated. PLEASE AND THANK YOU FOR YOUR TIME AND EFFORT..


Asked on 9/12/10, 9:12 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Attack the conviction in the Weld County case. Motion the District Court in Weld County to quash the warrant for escape. Your sucess depends upon the outcome to the NM drug charge. If there was a conviction, there will be a revocation and resentencing. It will not be simple.

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Answered on 9/19/10, 3:24 pm


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