Legal Question in Criminal Law in Colorado

my son has 2 outstanding warrants from MO, parole and probabtion violations for testing positive on random drug test, he was then arrested in CO on a motor vehicle theft/ agg 1 $20,000 or less. He was originally sentenced a 7 year and a 10 year sentence of which he served 2 and got out on dual status. He went to CO without permission. If convicted of the CO crime will his sentencing run together or will he have to serve sentence in CO then be extradited and serve sentence for violations? What is the likely hood of MO extraditing him on the violations? If the person making the stolen car report lived in MO why wouldn't it be a MO charge? Would the person had to of called CO or went there to make report? Is there a set amount of time he will have to serve for the violations or is it up to the judge?


Asked on 4/12/11, 3:47 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

CO and MO have concurrent jurisdiction for the car theft if he was caught in CO with the car, but it was stolen from MO. Both could prosecute him, but that is unlikely and there are statutes that can prevent that. If the car was stolen in CO and he was caught in CO, but the owner lives in MO, then it will likely stay in CO bc all the evidence and witnesses are here.

It is possible for the sentences to run concurrent, but only if there is an agreement with the prosecutors offices. Judges can run a sentence concurrent to an already imposed sentence. So, if there are two sentencings (one in CO and one in MO), only the 2nd judge can impose a concurrent sentence without an agreement with the prosecutors.

It appears the MO cases are felonies. Most of the time, states will extradite for felonies. I would expect MO to extradite him, possibly after his CO sentence. He should file for speedy detainer, but that only protects him where there is not yet a conviction. It sounds like the MO case is post-conviction.

Sentencing is almost always up to the judge.

Read more
Answered on 4/12/11, 4:19 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado