In general, a warrant is an order which gives law enforcement authorization to take a specific action.
An arrest warrant is an order from a judge which authorizes law enforcement to arrest a person for allegedly committing a crime. Before an arrest warrant is issued, either the district attorney or a law enforcement officer must present evidence of probable cause for the arrest. Probable cause for an arrest means that they have reason to believe that the person they wish to arrest committed the crime. The arrest warrant gives law enforcement officers limited authority in which to enter a person’s home in order to make an arrest.
A search warrant is an order from a judge which gives law enforcement officials the right to search a specific place for items associated with a crime. Similar to an arrest warrant, in order to obtain a warrant to search a residence, law enforcement officers must show that there is probable cause for searching the residence. An example of this would be a high probability of finding evidence of a crime being committed on the premises.
Bench warrants are frequently used to arrest someone not being accused of committing a specific crime. Rather, they are being arrested for violating a rule of the court. Generally speaking, a judge issues a bench warrant while court is in session, and without any prompting from law enforcement. This is why it is called a bench warrant, because the judge gives law enforcement the authority to make an arrest from the bench, and not from the judge’s chambers.
A bench warrant is generally issued for reasons such as failure to appear in court and failure to appear for jury. Additionally, a bench warrant can be either a criminal or a civil warrant.
What Is A Ramey Warrant?
To reiterate, with a typical arrest warrant, a district attorney seeks the order so that the police can arrest a suspect. However, a Ramey Warrant is requested by the police, and not the prosecutor. The purpose of a Ramey Warrant is to hold and interview the suspect in order to gather evidence.
A Ramey Warrant is generally three to four pages long, and includes the following information:
- Name of the suspect;
- Suspect’s address;
- Suspect’s physical description;
- Statement of probable cause, including the names of victims;
- Description of the alleged crime; and
- Bail amount for the suspect.
It is important to note that you will not be charged with a crime before the Ramey Warrant is issued, because the warrant is issued prior to filing any criminal charges against the suspect. Additionally, the warrant allows police to hold a suspect for 48 hours in order to complete the interview and give any evidence to prosecutors.
Is A Ramey Warrant The Same As An Outstanding Warrant?
A Ramey Warrant is not the same as an outstanding warrant. The warrant remains valid for 90 days after it is issued, while an outstanding warrant remains in effect until the suspect is apprehended.
An outstanding warrant is a valid arrest warrant that was originally issued months or years ago, but has not been fulfilled. Outstanding warrants are still considered to be valid warrants because it means that the person who was named in the original arrest warrant has not yet been arrested.
Additionally, “outstanding” can also mean that the warrant is still active, so it can be used to arrest that person at any time or place in which they are then found. An example of this would be how if someone is pulled over for a traffic violation, the police will check if there are any outstanding warrants. If there are, they can be taken into custody, even if their traffic violation alone is not grounds to arrest them.
Some of these reasons for an outstanding warrant include, but may not be limited to:
- The person does not know about the initial warrant against them;
- They could be evading law enforcement and being arrested; and/or
- The law enforcement agency responsible for serving the warrant has failed to do so thus far.
Regardless of the reason that it is outstanding, the warrant will still be valid, which means that the police have the right to arrest that person at any time or in any location. The only exceptions would be:
- If they have the wrong individual;
- The original warrant was invalid; and/or
- If they have already served the warrant, but a clerical error was made within the law enforcement system.
There is a statute of limitations for certain criminal charges. Other crimes, such as murder or homicide, will never expire. When it comes to the statute of limitations for outstanding arrest warrants, the original charge will never expire until that person is arrested. This is because they are currently considered to be a fugitive.
In terms of a Ramey Warrant, prosecutors have a specific amount of time in which to charge a person with a crime. Prosecutors have 48 hours after the arrest and booking in which to file formal criminal charges. If no charges are filed, then the suspect must be released from custody.
What Else Should I Know About Arrest Warrants In General?
Once an arrest warrant is signed and is considered to be valid, law enforcement authorities can then arrest the person at any time and place that they can be found and bring them into police custody. However, there are some restrictions on how or where the named suspect can be arrested, depending on the details of each case as well as the judge’s approval.
Additionally, an arrest warrant can grant the police various powers in order to complete the arrest. An example of this would be how they are able to enter a person’s home or property, or another person’s home or property, in order to arrest them and bring them into custody. Once the warrant has been issued, police may begin searching for the person immediately. What this means is that there is no required waiting period or delay before the police can begin seeking the individual.
Generally speaking, a person will not receive notification if an arrest warrant has been issued for them. Alternatively, some states may allow people to conduct a search of court records in order to see if an arrest warrant has been issued against them. However, it is imperative to note that there are many reasons why there could be a warrant for your arrest. This can include serious crimes such as robbery or hit-and-run, and minor crimes such as an unpaid parking ticket.
In terms of whether you can pay for an arrest warrant to go away, this largely depends on the underlying reason as to why the arrest warrant was issued to begin with. An example of this would be if an arrest warrant was issued because you are wanted in connection with a criminal investigation. You could not pay the court in order to have the arrest warrant go away.
Alternatively, arrest warrants are sometimes issued in cases in which a person has outstanding payments on a specific matter. An example of this would be how arrest warrants are often issued for unpaid speeding tickets, in which case it may be possible for you to pay off the tickets in order to have the warrant cleared.
Additionally, as a general rule, it generally is not possible to have an arrest warrant removed through payment if it is associated with a felony crime.
Do I Need A Lawyer For A Ramey Warrant?
If you are apprehended using a Ramey Warrant, contact a criminal defense lawyer immediately. Your lawyer will represent you while you are detained. An attorney will also be able to represent you in court as needed, while protecting your criminal rights.
