Extradition to another state: to waive or not to waive
Oftentimes, people have a felony or misdemeanor warrant out of another state and are arrested in CO and asked if they will waive extradition or whether they want to contest extradition and seek a Governor's warrant.
Fighting extraditionIt is extremely common and seems to make common sense when a person is arrested to "waive extradition" and agree to go back to the state that has the arrest warrant. That seems logical, but actually is probably the worst thing that you could possibly do. If you contest or fight extradition, the CO judge MUST set a bond in your case. You can post the bond either through cash or through a bondsman. You ask the judge for permission to travel out of state. You go back to the state that issued the warrant and turn yourself in there and post a bond there. You then come back to court in CO and show the judge that you have already submitted to the jurisdiction of the state that issued the warrant. Accordingly, the CO court will dismiss the Fugitive of Justice (FOJ) case and you will only have to deal with the case with the warrant from the other state.
Waiving extraditionIt seems to initially make sense to be agreeable and waive jurisdiction in order to avoid the DA from obtaining a Governor's warrant from the other state's governor that issued the warrant and to seem to be compliant. The HUGE problem with this is that pursuant to CO statute, if you waive jurisdiction, the judge must remand or take you immediately into custody and hold you without any bond. It might take days, weeks, or even monthly for the state that issued the original warrant to get here to CO to pick you up from the local jail and take you back to KS, TX, OK, or whatever state issued the warrant. As such, although you might get sweet-talked by the DA or the judge into waiving extradition and not fighting extradition and insisting on a Governor's warrant, it is likely going to cause you to remain in jail in CO for a MUCH longer period of time than you normally would in the state that issued the arrest warrant.