(A)第一個問題是您需要說明您人在那裡? 這是協助您解答您的問題最根本的關鍵,
(B)第二個問題是您需要真正"詳細"說明您的問題,您現在所提供的資料不足以給予您任何確定的答覆,事實上任何答覆不旦沒有幫助反而有害,
(C)第三,這裡是有關 Felony (重罪控罪)的一些最基本的說明,一般而言任何控罪如果麵對本刑五年或是五年以上的罪刑就歸屬於這一類的情況,這是加州洛杉磯郡 superior court 的資料 (你需要仔細看一看)
Felony
Felony crimes are punishable by a state prison term or death. Common examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.
The processing of a felony usually follows this order:
- An arrest is made - police take the defendant to jail. Three things can happen:
- The defendant is released - no charges are filed.
- The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment.
- The defendant remains in the custody of the law enforcement agency and is transported to Court for arraignment.
- Arraignment
A felony arraignment on the complaint is the defendant's first Court appearance. The following events occur:
- The defendant is informed of the charges against him or her.
- The defendant is advised of his or her constitutional rights.
- If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
- The defendant enters a plea of guilty, not guilty or no contest.
- Not Guilty:The defendant states that he or she did not commit the crime.
- Guilty:The defendant admits that he or she committed the crime and is in effect convicted.
- No Contest:Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
- The Court sets bail and the defendant is remanded to custody, or the defendant is released on his or her "Own Recognizance" or "O.R."
- Preliminary Hearing
A preliminary hearing is held to determine if there is sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial.
Once a defendant is "held to answer," the prosecuting agency files a document called the Information. The defendant will subsequently be arraigned on the Information at which time he or she will enter a plea and proceed to trial.
- Jury Trial
Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a felony must be brought to trial.
The Information must be filed within 15 days of the date the defendant was "held to answer" at the preliminary hearing.
The trial must begin within 60 days of the arraignment on the Information, unless the defendant enters a general waiver of the statutory time requirement or requests/consents to a date beyond the 60-day period.
Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.
- Court Trial
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.
(D)第四,您需要有律師代表您處理這些控罪,原則上你現在麵對的問題其中最麻煩的是 Kidnap 的部份,如果這個罪名成立,你幾乎百分之百會麵對牢獄之災,所以這些控罪一定要想方式處理,同時您說您被補之後在監所中待了三個月,所以您需要說明當時在 arraignment 時法官是不許您交保或是您有其他的原因,(移民上的原因),總之,您需要詳細說明一切的經過,您目前的說明不足以提供您任何答覆.