How Do You Find Out if You Have a Warrant in Colorado?

Generally speaking, sheriff’s offices in the state of Colorado have access to databases that will provide information on state warrants throughout the state of Colorado.  However, they do not have access to warrants issued by municipalities or cities.  Felony charges are either state charges or federal charges, while misdemeanor and petty offense charges can be Federal, state, or local (municipalities or cities) criminal charges.

Most sheriff’s offices in the state of Colorado will not provide arrest warrant information over the phone or through any other means of communication with the accused unless done in person.  If an individual is calling about a warrant for themselves, they will be informed to come down to the jail to inquire.  Of course, if there is a warrant, that person can expect to be placed under arrest and then try to get bail arranged while in custody.  Except for a couple of exceptions, information will not be provided to third parties.  Lawyers licensed in the state of Colorado are able to obtain this information and relate it to their clients.

The best method to find out if a person has an outstanding warrant is to contact a criminal defense attorney.  An experienced criminal defense attorney will be able to find out if there is an outstanding warrant in Colorado, what the charges are, and the amount needed to bail out.  In addition, our firm has well-established relationships with bondsmen who work with our clients.  The attorneys at the Law Offices of Clifton Black, PC, provide this service to clients on a routine basis.  We can be contacted at 719-328-1616.

How Do I Clear a Warrant in Colorado Without Going to Jail?

It is possible to clear a warrant in Colorado without going to jail.  However, it depends on the type of warrant and the specific situation.

Bench Warrants v. Arrest Warrants

Bench Warrants: Bench warrants in Colorado are issued by a judge or magistrate.  If a defendant fails to appear for a scheduled court date, has violated the terms of a plea agreement, or violated the terms of a previous bond, then a judge can issue a bench warrant.

In this situation, the judge or magistrate has the power to quash (Cancel/revoke) the warrant.  A motion can be filed requesting that the warrant be quashed.  The judge or magistrate can determine if they are willing to quash a bench want or not quash it.  If the judge elects not to quash a bench warrant, the warrant remains active, and the defendant will eventually have to turn himself in jail.  If the person does not turn themselves in, the warrant will remain active until law enforcement has contact.

However, in the motion to quash a Bench Warrant, there is certain information that can be provided to the judge or magistrate to increase the chances of a bench warrant being quashed.  An attorney who is experienced in filing motions to quash bench warrants will be able to evaluate the situation and determine what information is best to provide in the motion, thereby increasing the chances of the warrant being quashed.

Arrest Warrants:  Arrest warrants, on the other hand, usually cannot be quashed.  In an arrest warrant, the police, sheriff, or state police provide an affidavit to a judge or magistrate, showing probable cause that a crime has been committed and that the person a warrant is being sought against has committed the alleged crime.  This often occurs in an assault or domestic violence situation or when an arrest was not initially made because law enforcement is still conducting an investigation and then later issues a warrant.  If a person is aware that a warrant may be issued, then it is wise to have an experienced criminal defense attorney contact the law enforcement officer.  In this contact with a law enforcement officer, the attorney can inquire about the warrant, the charges, probable cause, and bond.  Moreover, the defense attorney can discuss any alternatives with law enforcement.

For example, in some situations, law enforcement can agree to issue a summons to the accused and be released with a pending court date.  In other situations, the defense attorney can ask law enforcement to notify the law firm when an arrest warrant is issued.  This allows the defense attorney to work with the defendant, have a bondsman on board to bond the defendant out, and inform law enforcement of a date that the accused will turn themselves in.  This can be beneficial since the accused can prepare for this to occur, get any affairs in order, and get everything set up.

Do Arrest Warrants Expire in Colorado?

A person should not expect an arrest warrant to expire or simply go away.  Although technically, warrants can expire, the process of keeping a warrant active is very simple for district attorneys’ offices.  For warrants that expire, the court will provide a notice to the district attorney’s office, informing them of the pending expiration.  The district attorney’s office can then simply respond to keep the warrant active.  The Law Offices of Clifton Black, PC has represented many clients that had outstanding warrants for many years, some as long as ten years old.  Unfortunately, people tend to forget about an old warrant, get pulled over for a traffic violation, or are witnesses or victims in another case. While communicating with law enforcement, the warrant shows up, and the person is taken into custody.  This often happens at inconvenient times, like while having kids in the car, at work, traveling, or doing other activities.  If a person has an active warrant, it is best to be proactive and deal with it before law enforcement catches up.

Can I Be Arrested in Another State on a Warrant From Colorado?

Yes.  If a person has an outstanding arrest warrant in Colorado, they can be arrested in another state and extradited back to Colorado.  In addition, many states have laws that make it a crime to be in their state while having a warrant from another state, often referred to as a “fugitive from justice.”

If a person has law enforcement contact, which can happen in several ways, law enforcement will run a background check to see if there are any outstanding warrants against the person.  In this situation, the person can be taken into custody and held.  The person would be entitled to an extradition hearing and given the chance to fit the extradition process. Although rarely successful.

The extradition process can take a long time.  Generally, the state that has the warrant will have a limited number of days to notify the state holding the defendant that they intend to extradite the person.  Once this is determined, transportation needs to occur.  In some situations, the defendant may be flown back.  More often, the person is brought back to Colorado via transportation vans, which could consist of being transported through various jails along the route, as vans are available.

Generally, Colorado only extradites people wanted on felony warrants.  However, contact with law enforcement in another state still can create issues as people have been held in jail until Colorado officially notifies the other state that they are not going to extradite or be held by the police until they can determine if Colorado will extradite.  In addition, having a warrant out in another state can affect obtaining or renewing a driver’s license and pop up in background checks by potential employers or landlords.

The Law Offices of Clifton Black, PC, located in Colorado Springs, are able to evaluate the specific circumstance in each case and assist and advise clients on how to take care of these warrants, avoid the extradition process, or be arrested at an inconvenient time. We can be reached at 719-328-1616.