Legal Question in Criminal Law in Colorado

in 2002 i was convicted of a felony (poss. of controlled substance) in the state of california. i was sentenced to proposition 36-(drug program}. from what i know proposition 36 does not exhist anymore. i moved to the state of colorado at the end of 2002, and have not been back to california since then, and dont plan on going to california anytime soon. while living in colorado during these past 10+ years i have been pulled over by local police and sherriff. everytime that i was pulled over, the police and sherriff has told me that i have a warrant-{felony} that is not exterdictable. so they never took me in. on april 10 2013 i was arrested for fugitive at large- out of california. i went to court on april 12 2013 and signed extradition writ for california to come and get me. the judge gave me a review date back to court on may 3 2013. on april 15 2013 i was released out of jail with no other court dates pending. i was told that california had contacted colorado and told them that they-{california} did not want me and that they werent coming to get me. upon my release, colorado told me that the same warrant from california is still in the system activly , and that i need to contact californias district attourney and have them remove the warrant from the system, or i could be arrested again on this same warrant. what do i have to file or do to get california to take this warrant out of the system. i thought once i signed the extradition papers, letting them know where i am , and to come and get me,that they have 30days to do so. if they dont come and get me, dont they have to take the warrant out of the system and drop it... and if they dont take the warrant out of the system and i get arrested again on that same warrant, isnt that double jeapardy ? or what do i have to do to have california take this warrant out of the system?


Asked on 4/19/13, 8:26 am

1 Answer from Attorneys

Damon Cassens Waters, Kubik, and Cassens

You need to contact a California attorney and get them to quash the warrant.

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Answered on 4/19/13, 1:59 pm


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