Law enforcement must petition a criminal court judge to get a warrant. Superior Court to issue a warrant for the individual or individuals they wish to apprehend to turn them over to prosecutors and district attorneys.
This is particularly intriguing because, in most cases (95 percent or more), the prosecutor’s office issues the warrant and files the charges.
That is to say, and the police will contact the district attorney’s office. Suppose the offender has not already been apprehended. In that case, the prosecution will present their information and request an arrest warrant.
What is a Ramey Warrant?
Similar to an arrest warrant, a Ramey warrant grants law enforcement the power to detain individuals suspected of a crime before formal charges are filed against them. Ramey warrants are commonly used by law enforcement when they require additional information about a suspect. Having a skilled criminal defense attorney who understands Ramey warrants and can advocate for the individual’s rights is crucial in such situations.
In other words, police want to talk to a suspect in custody in the hopes that the individual may incriminate themselves while being questioned. To get a Ramey warrant, law enforcement need not notify the prosecuting attorney’s office or the court.
Instead, they bypass the prosecutor and go straight to the judge with their current proof. A court will approve a detention warrant if they find a probable reason to do so.
Also Check: How to Get a Fugitive Warrant Lifted?
What Is the Purpose of a Ramey Warrant?
A Ramey Warrant is requested by law enforcement when an officer suspects insufficient evidence for formal charges to be filed with the District Attorney’s Office. If a judge signs a Ramey Warrant, the arresting officer has the legal right to examine the suspect to elicit new information that can be used to strengthen the prosecution’s case.
The name, last mailing position, and detailed description of the suspect are only some details included in a standard three- to four-page Ramey warrant. The law enforcement official drafting the warrant does so under the threat of perjury and must include the following:
- A declaration of probable cause.
- A description of the offense or crimes.
- The names of any victims.
Why Would Police Want To Get a Ramey Warrant?
A common reason police request a Ramey warrant instead of a “walk-through” warrant is that they anticipate the DA’s office will reject the case and decline to bring charges.
A second possibility is that they advise the police that further inquiry is required to gather sufficient evidence, which is essentially the same as a denial but for more research.
A judge will be consulted instead of going through the prosecutor’s office, where there is a chance that they will refuse to press charges or issue an arrest warrant. It’s a lot quicker.
Ramey Warrant Vs Arrest Warrant
Law enforcement doesn’t require an arrest warrant to detain someone in a public area.
The police officer must have solid reasons to think that:
- The offender violated the law in the officer’s presence
- The individual committed a criminal act, but not in the officer’s sight.
In the following situations, an arrest warrant is necessary:
- to make an arrest inside a building or home (with some exceptions),
- to arrest for most offenses that happened outside the officer’s supervision,
- to make arrests for most crimes not committed in the political entity where the arresting officer works.
A court must issue an arrest warrant under California law when:
- a criminal complaint is lodged,
- an indicted individual fails to attend the arraignment, or
- before the filing of possible offenses if a statement of probable cause is filed by police (Ramey warrant).
A probable cause statement should explain the circumstances under which reasonable suspicion is founded. The magistrate must be satisfied that:
- A crime has taken place, and
- The accuser was the one who did it.
Please be aware that in some domestic violence and hidden weapon scenarios, an arrest may also be conducted without a warrant. Also, remember that police can issue declarations without top reasons sworn in, unlike affidavits.
What does warrant mean in legal terms?
A document that gives authority to do something or gives specific instructions. In most cases, a “writ” is a judicial order authorizing police enforcement to act, such as making an arrest, conducting a search, or seizing property.
Does a Ramey warrant expire?
The typical duration of a Ramey Warrant’s validity is ninety days from the date it was issued. Law enforcement may use a Ramey Warrant to expedite an arrest instead of waiting for the District Attorney to bring criminal charges.
What types of warrants are there in California?
In California, warrants are issued for searching, arrest, or bench trials. Probable cause is required for the issuance of any warrant.
How long does a warrant stay active?
Bench warrants remain active and valid under the law until they are executed or revoked by the presiding judge. The term “execution” refers to the process through which a warranted suspect is apprehended by law enforcement and presented before the judge.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.