Warrants & holds
Ramey Warrants: Arrested Before Any Charges Are Filed
An arrest warrant obtained by police from a judge before the District Attorney has filed anything — which is why the case can look like it does not exist yet.
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
| Ramey warrant | Obtained by police from a judge before the DA files. No court case exists yet. |
| Arrest warrant on a filed complaint | Issued after the prosecutor files. A case number exists. |
| Bench warrant | Issued by a judge on an existing case, usually for a missed appearance. Does not expire — see failure to appear and warrant recall. |
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.
HoldsHolds and Multiple CasesThe most common reason a paid release does not happen.Read more
ProcessThe Booking ProcessNobody appears in a search until booking completes.Read more
ProcessArraignmentThe PC 825 48-hour rule, excluding Sundays and holidays.Read more
Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.
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.
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