Whats the punishment for this california crime?

Question

so i have a dad he's done a lot of crimes (he has served them all and got through all of them) his recent crime was a dui with a loaded weapon he shot in the air while driving but didnt hit no one...he served his time and got out in like mid 2007...he was in parol he gets checked every week and gets drug tested...his liscence was suspended until 2010..and on july 4th of 2008 i found out he got a dui and is in prison that was a felony and i'd like to know what are the outcomes of all this?? one more thing his bail is 136k and bail hold is 30k total 166k

Answer 1

First, as a convicted felon, your father is not allowed to possess ANY weapons, including firearms.  And shooting into the air and not hitting anyone is also a felony and may count as a Strike under the Three Strikes Law.  He has multiple DUI's.  All three offenses are felonies (accept there is a possibility the DUI is only a misd.)  Driving on a suspended drivers license is always a misdemeanor.

The bail amount really doesn't matter as he has a parole hold.  Whenever a parolee gets arrested, a parole "no bail" hold is placed on him.  Only after the county case is finished is the hold lifted for the CDC (CA Dept of Corrections) to pick up the inmate.

Also, every time your father was sentenced to prison time, the judge can add one year to his total sentence.  If your father already has any strikes, that will of course make his sentence much more significant.  If I knew the specific charges, I would be able to calculate the max. sentence but either way, he is not coming home for quite some time.