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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 05-30-2008, 01:22 PM
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Rearrested Questions

I know someone who was arrested and charged with a felony meanacing with a deadly weopon and was let out on bail and showed up for the court date only to find the charges were not pressed against him yet, (I didnt' know they could arrest you without charges, but I am sort of ignorant of the law so I am learning) some of his possesions were taken from him including his vehicle. That was a month and a 1/2 ago now we are still trying to get his vehicle back, but also has been informed he will be arrested again because now the charges have been pressed? Now what are his rights, also I might add he is new to the state he is in and wants to move back home which is about 3000 miles away. Is it common for someone to wait so long to press charges? Is he really going to be put back in jail? Will there be a bail? or does the original bail still exist? I know he has no money and so far the innocent until proven guilty thing really seems to be a joke since he is being treated as if he were already a criminal, if so why do they still have all of his possesions? He has been very cooperative with the police and detectives why should he be rearrested? anyway this whole situation has got me upset because it is someone very close to me. Please any information I can get would be helpful.
  #2  
Old 05-30-2008, 01:39 PM
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Who are you in this scenario?

Why was the vehicle taken?
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  #3  
Old 05-30-2008, 01:43 PM
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THIS FORUM IS FOR QUESTIONS ABOUT U.S. LAW ONLY
When posting a question, you must include the name of your state!
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  #4  
Old 05-30-2008, 02:11 PM
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Quote:
Originally Posted by mylife67 View Post
I know someone who was arrested and charged with a felony meanacing with a deadly weopon and was let out on bail and showed up for the court date only to find the charges were not pressed against him yet, (I didnt' know they could arrest you without charges, but I am sort of ignorant of the law so I am learning) some of his possesions were taken from him including his vehicle. That was a month and a 1/2 ago now we are still trying to get his vehicle back, but also has been informed he will be arrested again because now the charges have been pressed? Now what are his rights, also I might add he is new to the state he is in and wants to move back home which is about 3000 miles away. Is it common for someone to wait so long to press charges?
Yes, it is the DA or prosecuting attorney who reviews the evidence in a case. There can be several reasons why the DA did not immediately follow through and file the case with the court. One could be that the DA just didn't have the time available to effectively review the case, so they decided to release the suspect until they can do so. (The suspect has a right to a speedy trial) Or, If he/she feels there is not enough evidence to win a conviction, they will often send the case back to the detectives or the police agency who made the original arrest and request clarification or more information. The agency would then continue their investigation and hopefully collect more evidence in order to build a stronger case against a suspect and subsequently, resubmit the case to the DA.
You didn't post the name of your state but most common is a year to file charges in misdemeanor cases and two or three for felony cases.
Quote:
Is he really going to be put back in jail?
If he is re-arrested for the same crime(s), yes he will go through the same process all over again.
Quote:
Will there be a bail?
If the charges are the same, then his bail amount will most likely be the same as well. If there are additional charges or he is charged with a more serious crime, then his bail amount could increase or he could be held without bail.
Quote:
or does the original bail still exist?
I believe that if, at the original arraignment, it were requested and the judge granted the request, he could have had the bail bond (if it were a bond) remain in effect until the DA decided whether or not they were going to prosecute. However, if the bail was exonerated, then no, his original bond is no longer there for the court to hold control over. So he will have to post bail all over again as if it were a new case.
Quote:
I know he has no money and so far the innocent until proven guilty thing really seems to be a joke since he is being treated as if he were already a criminal, if so why do they still have all of his possesions?
Because they may be evidence of a crime and they can be held until the investigation/case is completed and depending on what the possessions are, he may never get them back.
Quote:
He has been very cooperative with the police and detectives why should he be rearrested?
Because they feel he is guilty of the crime and they now believe they can prove it in a court of law.
Quote:
anyway this whole situation has got me upset because it is someone very close to me. Please any information I can get would be helpful.
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  #5  
Old 05-30-2008, 02:12 PM
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I am his wife. And I think he was in his vehicle when the alleged incident happened.
  #6  
Old 05-30-2008, 02:21 PM
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Quote:
Originally Posted by mylife67 View Post
I am his wife. And I think he was in his vehicle when the alleged incident happened.
What state are you in?
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  #7  
Old 05-30-2008, 02:25 PM
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Quote:
Originally Posted by seniorjudge View Post
What state are you in?
I'm guessing Solid...but could be liquid, I suppose...
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  #8  
Old 05-30-2008, 02:29 PM
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Since the OP mentions a 3000 mile move, I assume she's on one coast or the other. My guess is that she's in California since they seem to do a lot of arresting, release and rearresting out here. At least in So Cal. I know of a couple of other folks who have had to go the expense of two bail bonds this same way.

To the OP,
I wouldn't mention the thought of moving 3000 miles away to the DA, or the investigating agency. This may lead to them seeing him as a flight risk and have them requesting a higher bail amount this time around.
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If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
  #9  
Old 05-30-2008, 02:32 PM
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Colorado is the state.

As of the first court date they said there were no charges pressed against him, no court date was set at that point. and now on monday a month and 1/2 later he will be going in volantarily and he will be arrested again, if he had his vehicle he would have moved back home by now, because it appeared that there was no charges being pressed. A month and a half has gone by, he basically has been just waiting for what seems like a very slow process, to just know what is going on, and of course to get the vehicle.
  #10  
Old 05-30-2008, 02:37 PM
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What state is 3000 miles away from Colorado? I was thinking maybe Hawaii, but he can't drive there with a car,,,,,,
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If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
  #11  
Old 05-30-2008, 02:42 PM
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Quote:
Originally Posted by mylife67 View Post
Colorado is the state.

As of the first court date they said there were no charges pressed against him, no court date was set at that point. and now on monday a month and 1/2 later he will be going in volantarily and he will be arrested again, if he had his vehicle he would have moved back home by now, because it appeared that there was no charges being pressed. A month and a half has gone by, he basically has been just waiting for what seems like a very slow process, to just know what is going on, and of course to get the vehicle.
He should go to court with an attorney representing him on Monday. An attorney would stand a far better chance of having him released without having to post bail again, or at the very least having it lowered.
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If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
  #12  
Old 05-30-2008, 02:43 PM
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sorry my miles maybe a bit off.. not so good in that area..
  #13  
Old 05-30-2008, 03:33 PM
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Thanks for letting me get all of this off my mind.. I do understand better now some things I didn't before. I guess we will find out on Monday what will be the case.
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