Ramey Warrants: Arrested Before Any Charges Are Filed

Families describe this one the same way every time: he has been arrested, but there is no case anywhere and nobody can tell us what he is charged with. That usually means a Ramey warrant — an arrest that happens before the District Attorney has filed anything.

What it is

Ordinarily a criminal case begins when the prosecutor files a complaint, and a warrant follows. A Ramey warrant reverses that order: police present a declaration of probable cause to a judge and obtain an arrest warrant before any complaint exists. The name comes from People v. Ramey (1976) 16 Cal.3d 263, which addressed the warrant requirement for arrests in a home.

The practical effect is that the arrest can be made lawfully, including at a residence, without waiting for the filing decision.

What it means in the first 48 hours

• There may be no court case to look up. Court record searches come back empty because the complaint has not been filed — which is not a mistake and not good news on its own. See how to find a court date.
• The PC 825 clock still runs. Arraignment must generally occur within 48 hours, excluding Sundays and holidays — see arraignment.
• Bail generally applies. The warrant ordinarily carries an amount, and the countywide schedule applies to the offence stated — see how bail schedules work.
• The charge can change. The prosecutor makes an independent filing decision and may file something different, something additional, or nothing at all. A person can be released without charges being filed.

Why this matters before you pay

This is a situation where the bail figure reflects an offence the prosecutor has not yet decided to charge. That is not a reason to wait and hope — custody is custody — but it is a reason to get a criminal defence lawyer involved immediately, because the filing decision is the thing that actually determines what happens next.

As always, check for anything else attached to the person before paying: another warrant, a probation or parole hold, or an immigration detainer. See holds and multiple cases and how to check for a warrant.

How it differs from the warrants people know

Working out the amount, and what can change it

The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.