What are the different warrants in California?

In California, and other states, there are common “Warrants” in Criminal Law, and each one means something different. A warrant is generally a command or Order, sometimes from a Judge, that allows police to access a certain area, or arrest a certain individual. Here, we will discuss four different warrants in California: Search Warrants, Arrest Warrants, Ramey Warrants and Bench Warrants.

Search Warrants

In the United States and in California, we are generally protected from police searching our homes and seizing us, without some kind of legal reasoning. A search warrant is generally an Order that is approved by, and signed by a Judge that allows police officers to search a specific location, or search for a specific item. The Search Warrant must describe with particularity the places or items to be searched, or the items to be seized. In other words, to get a Search Warrant, it must be a specific request, not simply, can we search this home. The more specific the facts for a Search Warrant, the more likely it will be invalid. The warrant must contain Probable Cause to believe that a crime is occurring at a place or that a crime is at the location being searched has evidence of a crime there.

Police have to draft the warrant, and a neutral and detached Magistrate (a Judge) must sign off and agree to the search. Neutral and detached simply means that the Judge cannot have any connection to the place or person seized, such as knowing the person because they committed a crime against that Judge’s clerk, or friend. The warrant itself is limited to the places in the warrant, so items and areas, such as a person’s backyard or a shed in the backyard, if not named, cannot be lawfully searched. There are several exceptions to police obtaining a warrant, but here, we are just wanting to understand that a Search Warrant intends to search a location, it is not the same as an Arrest Warrant.

Arrest Warrants

An arrest warrant differs than a search warrant, in that the purpose of the warrant is to arrest a person or certain people named in the arrest warrant. It is also an official document that police must get signed off on by a Judge in order for it to be valid. The contents for the arrest and the officers reason for the arrest must contain sufficient probable cause in order for the arrest warrant to be signed. The warrant generally will also name the charges the person is being arrested for, the time with which a person can be arrested (generally between 7:00 AM and 10:00 PM in California, unless Night Service Good Cause is shown), and what the bail amount is set for the arrest warrant.

Police must provide an affidavit, given under oath, must recite sufficient factual information to establish probable cause that a crime was committed and that the person named in the warrant is the one who committed it. Sometimes there can be facts in the warrant that are incorrect, but generally small factual issues do not necessitate the warrant being invalid. The arrest warrant gives police the ability to come to your residence and arrest you for the crime. An arrest warrant is not required for police to arrest another individual, but it can be done if it’s based on an investigation that has taken place for months, and evidence gathered, before police have enough probable cause to get an arrest warrant to arrest you.

Ramey Warrant

A Ramey warrant is the same thing as an arrest warrant, expect it is effectuated by police, and is done by avoiding a District Attorney filing charges against you. It works similarly to that of an arrest warrant, in that it requires a magistrate to sign off on the warrant, and that there is probable cause to arrest. However, it bypasses the District Attorney’s office, which means that you are never formally “charged” yet in a Ramey warrant situation. There are many reasons why an officer may do this. Sometimes it can be done over the weekend, and police do not want to wait for the DA’s office to open before arresting you. Maybe they believe you will continue committing crimes or that you will flee if there is any delay in arresting you.

By doing this, you would essentially sit in jail for up to 48 hours (business days), for a DA to then review your case and determine if there is sufficient evidence for them to file charges, and what charges should be filed against you. It may also help police try to obtain a confession by arresting you when you were not expecting it.

Bench Warrants

A bench warrant is not a new arrest for a new offense. It can happen when you have a previous criminal conviction, but you failed to finish your terms of Probation. This could be something like finishing community service, finishing classes, or paying fines. When you fail to follow your terms of probation, a Judge would review your case, and issue a bench warrant, and sometimes set a bail amount for your arrest. In felony cases though, a Judge can issue what’s called a no-bail hold, which means you would be arrested, and remain in custody until your case resolves, with no chance to ever post bond.

A bench warrant does not involve police requesting a warrant, instead, it is issued by a Judge. However, it has the same affect as an arrest or Ramey warrant, since you can still be arrested for the bench warrant in the same since. A bench warrant is just an arrest warrant issued by a Judge solely, without police. You can also be issued a bench warrant as well if you have a court hearing and court case, but fail to appear. Whether you posted bond before showing up to that date, or you received a letter to appear in Court, if you do not appear, a bench warrant will issue for your arrest. It is not a new law violation, it is a warrant for an arrest for failing to complete probation terms, or failing to show up to your court date.

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Dealing with warrants can indeed be a complicated and distressing experience. A warrant can lead to your arrest at the most unexpected times, leaving you feeling vulnerable and unsure of the future. Understanding how warrants work, the implications for your case, and the most effective ways to address them is crucial in managing the situation and preparing a robust defense.

At Inland Empire Criminal Defense, we are experienced in handling cases involving warrants, whether they are arrest warrants or bench warrants. Our attorneys can guide you through the process, explaining each step and what to expect, helping to alleviate the confusion and anxiety that often accompany such situations. We focus on providing clear, actionable advice and aggressive representation to address and resolve the warrant as swiftly and favorably as possible.

If you or a loved one is dealing with a warrant, it’s important to act quickly and seek professional legal assistance. Contact your local Ontario Criminal Defense Attorney at Inland Empire Defense by calling 909-939-7126. Located in Ontario, we are here to support you through this challenging time, offering the expertise and guidance needed to navigate your case effectively and protect your rights. Let us help you understand your situation and work towards the best possible resolution.

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