Last Updated on July 2, 2025
While most people have heard of search and arrest warrants, fewer are familiar with the other types used in the criminal justice system. Regardless of the variety, they are all used to help keep the justice system working as smoothly as possible, making it possible for police to do their jobs while ensuring witnesses and suspects appear in court. Here’s what San Diego attorney Peter M. Liss believes the public should understand about warrants in California, including the different varieties, how to check if one has been issued for you, and what to do if you find out you have a warrant out for your arrest.
What Types of Warrants are Used in California?
There are 7 different warrants used in the California justice system. Here’s a brief overview of each:
Search Warrants
Often, the first warrant utilized in an investigation, police request search warrants to look through an individual’s property to uncover evidence of a crime. To obtain a search warrant, they must show probable cause that there is evidence of a crime exists at a particular location. If police arrive at your home with a search warrant, ask to see it. If it looks legitimate, allow them to search your property and call your attorney immediately.
Arrest Warrants
When police have sufficient evidence to indicate someone may be guilty of a crime, they may provide the information to the District Attorney, who can then seek an arrest warrant from a judge. This court-ordered document grants officers permission to arrest a specific person. Arrest warrants may also be issued after someone has been indicted by a grand jury.
If you discover there is an arrest warrant out under your name, immediately contact a criminal defense attorney.
Ramey Warrant
To the layperson, Ramey warrants are essentially the same as an arrest warrant, but there is a minor distinction between the two. Whereas arrest warrants require a District Attorney or grand jury, Ramey warrants are instigated by the police. Officers can request a warrant from a judge without the District Attorney officially filing charges against the individual by providing sufficient probable cause. These warrants are usually issued over the weekend when officers do not want to wait for the District Attorney to be back at work before they arrest someone because they are concerned the suspect may continue to commit crimes or flee.
Once the individual is behind bars, they will have to wait in jail until the District Attorney is back in their office and available to evaluate if there is enough evidence to file charges, and if so, which charges.
Bench Warrants
When someone fails to appear for a mandatory court appearance, a bench warrant may be issued for their arrest. The document calls for the immediate arrest and detention of the individual named in the warrant until they appear before the court. While these warrants are lesser known by the public, they are the most common form issued in California. Many people with bench warrants out for their arrest are not even aware of their situation.
In many cases, defendants appear in court on the date listed on their misdemeanor citation, only to find out charges were not filed. However, while the individual may mistakenly believe the charges while dropped, the district attorney has up to one year to file charges in misdemeanor cases. When the prosecutor files charges, they send out a notification letter, but if the defendant doesn’t get the letter or fails to appear in court, a bench warrant will be issued for their arrest.
Probation Warrants
When someone on probation violates the terms of their agreement, a probation warrant will be issued. This document is a specific kind of bench warrant reserved only for probation offenses. Probation requires individuals to meet many obligations, which may include passing drug or alcohol tests, meeting with probation officers, avoiding known criminals, not committing new criminal offenses, serving community service hours, attending classes, staying in the county, and more.
A probation warrant allows officers to arrest a person accused of violating probation and bring them to the court for a probation hearing. Those on felony probation can be held in jail without bail until their hearing. If someone is found guilty of violating their probation, they may be sentenced to the maximum penalty for their original offense.
If you are accused of a probation violation, you can and should hire a defense attorney to represent you at your hearing. However, you do not have a constitutional right to an attorney and cannot be granted a public defender, even if you cannot afford a lawyer.
Alias Warrants
An alias warrant is issued when an individual fails to appear for jury duty or ignores a subpoena to appear as a witness. While these are much less serious than an arrest or bench warrant, they still permit police to take you into custody and force you to appear before the court.
How to Find Out if There is a Warrant Out for You in San Diego
The San Diego Sheriff’s Department has an easy-to-use warrant lookup page that can help you find out if there is a warrant out in your name. Simply enter your name, and you can see if there is a warrant out for anyone with your same name. If you have a common name, the database lists more details, such as the weight, height, and age of the individual listed and the court in which the warrant was issued.
This database is updated four times daily and should have the most current warrant information available.
If you believe there may be a warrant out for your arrest in another county, you will need to look up the warrant lookup tool from that area’s court or sheriff’s department.
Frequently Asked Questions
What Should I Do If I Have A Warrant Out for My Arrest?
You should immediately contact an attorney if you have any type of warrant out against you. For many non-felony cases, your lawyer may be able to appear in court on your behalf and help you avoid ever being arrested.
Your attorney can help you protect your rights and may be able to have the warrant revoked so you can avoid custody. If you are placed under arrest, he can work to minimize your bail and attempt to convince the District Attorney to drop or reduce the charges against you.
Do Warrants Expire?
No. Warrants themselves never expire. However, because the statute of limitations can expire for a specific offense, sometimes attorneys can have the warrant dismissed without further action. However, the statute of limitations may be paused if the prosecution can show that the suspect fled the state or was hiding to avoid the criminal consequences of their crimes.
As long as a warrant is active though, they will appear on background checks, can result in driver’s license suspensions with the DMV, or may cause you to be stopped or arrested by the police.
If you have any questions about warrants or learn there is one out under your name, please call The Law Offices of Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
