A Ramey warrant is a standard arrest warrant that a magistrate issues before the district attorney files a criminal complaint, based on a sworn declaration of probable cause from a peace officer. It gets its name from a 1976 California Supreme Court case, and the statute that authorizes it today is Penal Code 817.

What makes a Ramey warrant different from a regular arrest warrant?

A Ramey warrant follows the same probable cause standard as any arrest warrant, but a magistrate can issue it before a complaint is filed, not only after one.

Penal Code 817(a)(1) says the magistrate "shall issue a warrant of probable cause for the arrest of the defendant only if the magistrate is satisfied after reviewing the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense." Section 817(a)(2) adds that this warrant "shall not begin a complaint process pursuant to Section 740 or 813," which is the ordinary route: a felony complaint is filed first, and an arrest warrant follows from it. The declaration behind a Ramey warrant must be a sworn written statement, or a sworn oral statement that is recorded, transcribed, and certified by the magistrate or a certified court reporter. The practice gets its common name from People v. Ramey (1976) 16 Cal.3d 263, a California Supreme Court case. The firm's broader page on violations and warrants also touches on this warrant in passing; this page focuses on how it works and what to do about it.

Why do police use a Ramey warrant?

Officers use a Ramey warrant when they want a magistrate's approval to arrest someone before the district attorney has formally filed charges, rather than waiting on the usual process.

Because Penal Code 817 lets a peace officer go straight to a magistrate with a sworn probable cause declaration, it gives police a judicially approved basis to arrest someone at a point when no complaint yet exists. The warrant then carries "the same authority for service as set forth in Section 840 and the same time limitations as that of an arrest warrant issued pursuant to Section 813." An arrest warrant, including this kind, can also matter for where officers may look for the person named in it. The firm's answer on using an arrest warrant to search a home covers the limits on entering a residence to make an arrest, which apply the same way to an arrest made on a Ramey warrant.

What does a Ramey warrant look like, and does it set bail?

A Ramey warrant can state a bail amount on its face, following the same form the statute sets out for a warrant of probable cause.

Penal Code 817(f) gives a sample warrant that names the crime believed committed, commands officers to bring the defendant "before any magistrate in _______ County pursuant to Sections 821, 825, 826, and 848 of the Penal Code," and includes the line "Defendant is admitted to bail in the amount of ______ dollars ($______)." Whether that printed amount is the bail actually available once someone is arrested can still change once the case is before a judge.

Is a Ramey warrant the same as a bench warrant?

No. A bench warrant issues after a case already exists and the defendant misses a court date, while a Ramey warrant issues before any complaint has been filed at all.

The firm's answer on what to do about a California bench warrant covers that separate situation, including why a bench warrant does not expire on its own and how a lawyer can ask the court to recall it.

What should you do if you think a Ramey warrant exists for you?

After a Ramey warrant is served, ordinary arrest rules apply: a person held in custody must see a judge within 48 hours, excluding Sundays and holidays.

There is no special public notice requirement for a Ramey warrant before it is served, so the safer step is to have a lawyer contact the court or the agency believed to have sought it, rather than guess from an online search. The firm's page on a motion to quash a warrant covers one way counsel can challenge a warrant directly. A person held in custody after an arrest, on a Ramey warrant or any other, must be taken before a judge within 48 hours, excluding Sundays and holidays, under Penal Code 825.

Frequently asked questions

Does a Ramey warrant expire?

The statute does not set an expiration date for this kind of warrant. Penal Code 817 gives it the same time limitations as an ordinary arrest warrant issued under Penal Code 813, and an arrest warrant generally stays active until it is served or a court recalls it.

Can police enter a home to serve a Ramey warrant?

The same limits apply as for any arrest warrant naming a specific person. The firm's answer on using an arrest warrant to search a home covers when officers may make a limited entry into the named person's own residence to arrest them, and when they may not.

How do you find out whether a Ramey warrant exists for you?

There is no single statewide lookup made specifically for this kind of warrant. Because it has the same authority as any other arrest warrant, the safer step is to have a lawyer contact the court or the agency believed to have sought it, rather than rely on an online search alone.

What happens right after an arrest on a Ramey warrant?

The same rules that apply to any arrest take over. A person held in custody must be taken before a judge within 48 hours, excluding Sundays and holidays, and the warrant's printed bail amount, or a judge's later decision, controls release before that court date.

Can you turn yourself in instead of waiting to be arrested?

Often, yes, and a lawyer can sometimes arrange the timing and the booking process in advance. Penal Code 817 does not dictate how or when officers must carry out the arrest once the warrant has issued, so the practical timing is a question to raise with counsel.

Does getting a Ramey warrant mean the district attorney has already decided to file charges?

Not in the usual order of events. A Ramey warrant authorizes an arrest before the complaint process under Penal Code 740 or 813 begins, so the formal charging document can still be filed after the arrest rather than before it.

Talk to a lawyer

The Law Offices of David S. Chesley offers a free consultation, is available 24/7, and offers payment plans. Se habla español. Call (800) 755-5174 or use the contact page to go over the warrant and what happens next.