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.
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.
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.
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.
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.
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.
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.