Legal Question in Traffic Law in Colorado

Re: Bench Warrents

Hello. Generally a bench warrant is a warrant that a judge issues, as opposed to a warrant that a police officer may obtain for the arrest of a person. A judge will issue a bench warrant when a person has failed to comply with an order of the court, such as a failure to show up in court (failure to appear) or to comply with an order of the court (failure to comply).

Once a bench warrant is issued by the judge, it is given to his court clerk, who enters it into the computer. If a police officer (or probation or parole officer) runs the persons name in the computer, it will signal that the person has a warrant for his arrest.

When a warrant is issued, it is flagged as a misdemeanor or felony. Generally, only felony warrants are put in the computer so that all jurisdictions in the United States will be notified of the warrant. Misdemeanor warrants, generally, are put in the computer so that only agencies within the state will be notified of the warrant. For example, if the warrant is for failure to appear for murder (a felony), the warrant is listed on the computer in all states, such as California and Florida. If the warrant is for littering (a misdemeanor), then it is not listed on the computer in other states, and is only listed on the computer in Colorado.

Generally, states will not extradite (bring back from another state) a prisoner for a misdemeanor crime because it is too expensive. If a person commits littering in Colorado, and he is located in Florida, the warrant is not listed in the computer because it would cost Colorado too much to bring the person back (about $2,000.00). As long as he stays out of state, he will almost certainly not be extradited (there are exceptions, however, and sometimes a state will extradite on a misdemeanor warrant if the crime is notorious or particularly heinous, such as abuse of a corpse or animal cruelty. Most misdemeanor crimes do not fall within this category.)

On the other hand, a state will often extradite on felony warrants, particular of the crime is murder, robbery, burgalry, arson, sexual assault, or escape. For example, if a person is wanted for burglary in Colorado and is contacted while in Florida, the person will probably be arrested in Florida and brought back to Colorado.

All of the above rules apply whether or not you are in custody here. However, keep in mind one additional aspect. A misdemeanor charge, which by itself may not result in extradition, may be grounds for revocation of parole or probation, which can be a felony charge... and states do usually extradite on the subsequent felony charge.

Hope this helps with your question. David Colt