Couric & Co.
June 7, 2007 2:24 PM

Hilton's Check Out Time

(CBS)
Lawyer Andrew Cohen analyzes legal affairs for CBS News and CBSNews.com.
Let’s get one thing clear. I cannot stand Paris Hilton. I despise everything she stands for and, to be quite honest, I don’t find her attractive or intriguing in the least. But I am not going to add my voice to the chorus singing meanly today about the unfair, unjust “sweetheart” deal she received today when she was released early from prison due to some sort of medical condition. Why? Because the truth is that if she were you or I she never in a million years would have been sentenced to such a long prison term to begin with.

First, she was given a 45-day sentence for violating the terms of her probation by driving with a suspended license. Just imagine what our world would look like if everyone caught driving with a suspended license while on probation caught six weeks in jail. Then, under California sentencing guidelines, that sentence was cut in half. Even then, at 23 days, it was longer than any first-time, non-violent probation offender would have a right to expect in the form of punishment.

Now, after five days in the pokey, she gets out of jail but will have to serve another 40 days—the full term of her original sentence—under house arrest. Did the princess get a break because she knows how to whine to the right people and in the right way? Did prison officials and prosecutors agree to the deal because they no longer wanted to deal with the hassle of housing Hilton in some special needs section of the prison? Does she really have a medical condition? Who knows. And, really, who cares?

The point is that you can’t argue that she got a break today because of her celebrity without acknowledging in the first place that her celebrity is what put her in prison. Her judge wanted to make an example of her—and he sure did. I think it is inevitable for judges or prosecutors to see high-profile defendants not just as individuals but as means to an end—the end being some sort of deterrent to others to avoid certain conduct. The judge hoped he would not only teach Hilton a lesson—and who among us wouldn’t want to do that?--but also teach everyone else out there on probation to get their driver’s licenses updated. Message received, judge.

It might have been messy—what about this woman’s life isn’t?—but now Paris is out of prison at roughly the same point she would have been out of prison had her name been Jane Doe or Andrew Cohen or whatever. That’s not cause for outrage. That’s cause for satisfaction. Celebrities are people, too. Even celebrities like this one.


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by norshatakaha June 7, 2007 7:02 PM PDT
5 days is enough time to realize you have done something significantly wrong and need to readjust your life. After 5 days, they just start running into each other anyway. It was a long fall for the princess to land her pretty backside in prison, I'm sure she has had a wake up call.

On a side note it has boosted her celebrity status to an apex. I cant imagine her doing anything to gain as much media attention as she has.

Even I feel sorry for her.
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by down-ndirty June 7, 2007 7:03 PM PDT
"First, she was given a 45-day sentence for violating the terms of her probation by driving with a suspended license. Just imagine what our world would look like if everyone caught driving with a suspended license while on probation caught six weeks in jail."

Wrong! She got 45 days for arogantly flaunting the law. She didn't need to drive. Unlike most of us, she could have hired a driver to take her anywhere, anytime.

But no, she had to let the world know that she thinks she's better than the rest of us, and flaunting the law is just one way the wealthy do that.

Just what was the her probation for, Mr. Smarty Lawyer? Wasn't it alcohol-related reckless driving?

And what did she do to violate that probation, Mr. Smarty Lawyer? "Police said they saw her blue Bentley Continental GTC speeding with its headlights off." Hmmmmm!! Seems that Ms Hilton has a problem doing what most of us take for granted--obeying the law! Plus, she's a menace to other people using the streets and highways. That includes me, and, unless you ride around in an armored HumVee, it also includes you. LOL!!!

She deserved each and every day of that 45-day sentence.

OBTW: You're not so smart either. You shouldn't use the same word (caught) twice in the same sentence.

Reply to this comment
by cbsvisitor1 June 7, 2007 7:36 PM PDT
"Now, after five days in the pokey". No it was ONLY 3 actually!
I agree with 'down-ndirty'. Hilton got jail sentence for violating the terms of her probation; not only driving while disqualified but also SPEEDING and WITHOUT LIGHTS! Mr Cohen wrote: "..at 23 days, it was longer than any first-time, non-violent probation offender would have a right to expect.." A right to expect? Imagine Mr Cohen if Hilton had hurt or even killed one of your loved ones either when she was drunk or speeding without lights when she wasn't allowed to drive! It is a really dangerous thing to do to play down the seriousness of her actions. She even had the audacity to claim that she didn't know she was still on probation. What? Her lawyers didn't explain it to her? It was not her celebrity that put her in jail as you suggested but her behavior and total disregard for the law!

You also wrote: " Did the princess get a break because she knows how to whine to the right people..? Did prison officials and prosecutors agree to the deal..? Does she really have a medical condition? Who knows. And, really, who cares?" Mr Cohen, are you suggesting society shouldn't care at all if they've been lied to and if rich people can play the system to get special treatment? Can all inmates with 'medical conditions' get out of jail so easily and quickly?

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by ricfmartinez June 7, 2007 8:17 PM PDT
It is outrageous how individuals like Paris Hilton are forgiven so easy due to there "status" and other less fortunate individuals are given the 3rd degree for their less serious crimes. If this is not the definition of Injustice and Unequal rights, than I don%u2019t know what is!

Ric Martinez
Sacramento, CA
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by dicky_b June 7, 2007 8:21 PM PDT
I'm still confused - the judge was reported as being very specific that the sentence must be served in jail and that non-custodial options (tagging, community service, fines) were not permitted. Given that there was no further hearing or appeal, how is it that the prison authority was able to make this decision unilaterally? Could, in theory, the Unabomber or the WTC conspirators be tagged and released by a sympathetic governor? How exactly does this work?
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by hypnotoad72 June 7, 2007 8:30 PM PDT
NorshaTakaha - I hope you are right. If she has another run-in with the law, we can only hope the punishment is deserving; with no status left to exploit.
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by dirtydog55 June 7, 2007 9:06 PM PDT
"5 days is enough time to realize you have done something significantly wrong and need to readjust your life." Posted by NorshaTakaha at 07:02 PM : Jun 07, 2007
_____________

Actually it was only 3 days.

I would agree that is probably true for the "average" responsible person. However, Hilton is neither average nor responsible. She's incredibly stupid and totally irresponsible. If not for her wealth, she would be just another dumb bimbo.

Hilton was put on probation for drunken & reckless driving and given a chance to prove that she could obey the law. She proved that she couldn't obey the law and faced the maximum sentence for reckless driving and driving without a license.

Late breaking news!!! Hilton may end up back in jail. Hooray!! I hope so. I can't think of anyone who deserves it more. What a *** she is!!



Reply to this comment
by dirtydog55 June 7, 2007 9:13 PM PDT
What a *** she is!!
Posted by dirtydog55 at 09:06 PM : Jun 07, 2007

The missing "starred word" word is s l u t LOL!!

The LA County Sheriff has made a mockery of the justice system.

You can bet your asss that if the judge said you will do 23 days then you WILL do 23 days. Do you think the sheriff would let YOU out after only 3 days? Ha Ha Ha Ha!! Dream on!!
Reply to this comment
by cbsvisitor1 June 7, 2007 9:18 PM PDT
Excellent point Dickey_B!! Several articles said: "Hilton..must go to jail on June 5 and she will not be allowed any work release, furloughs, use of an alternative jail or electronic monitoring in lieu of jail, Superior Court Judge Michael T. Sauer ruled after a hearing." Her getting out after only 3 days makes a total mockery of the Court process and the Judge himself as if his authority means nothing! According to Mr Cohen's article, if one deems a sentence given by a judge in a Court of law to be unfair then one can take matters into their own hands and get out of it!
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by June 7, 2007 10:01 PM PDT
Celebrity has little to do with it. This is M-O-N-E-Y pure and simple. Another example of "your" tax breaks at work. I think that we are closer and closer to the robber baron epoch than anyone suspects.
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by tmmurphy84 June 7, 2007 10:31 PM PDT
The other day when I saw Paris on TV, she said she was going to do her jail time and read and write, and look inside herself, basically--for the first time I saw someone who was real. I WAS impressed and proud of her as a person. When you looked into her eyes there was depth, was it really just a flicker? This was a very important thing that she needed to go through, for society and for personal growth and adult maturity. When you have a house that big why do you need to drive drunk? Get a chauffeur! If her family thinks Paris' stay in jail cost us too much money, they are welcome to pay their own bill!

I wonder what will happen WHEN someone gets killed because somebody had to drive drunk or DUI. I hope Paris and the others "that are going to jail" think about that. That would be the worst prison of all.

It's really sad.
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by swhitty-2009 June 7, 2007 10:34 PM PDT
Re: The rich person's Anna Nicole Smith

The very best punishment for Paris is to deny her any publicity, via any means, for 43 days.

This whole thing is so disgusting, my gag reflex has been worn completely out.
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by deborahcox05 June 7, 2007 11:00 PM PDT
In Florida, VOP - violation of probation - is worse than the original offense.

Now, I know that Florida is living in the dark ages when it comes to the judicial system, but, how can you think that VOP is not a serious issue?

This woman needs to go to jail and stay there for the duration of her sentence.

If she has a medical problem, she can see the nurse. Oh wait, here in Florida, a nurse stood by and watched as a young boy was beaten to death by the corrections officers.

Paris should be afraid - very afraid!
Reply to this comment
by garsh548 June 8, 2007 1:25 AM PDT
It a sad day in the name of the justice system when someone like Paris Hilton won't serve any more time. Will she have to kill someone to serve time in jail? Poor little white girl with lot of money.
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by msbea30102 June 8, 2007 1:51 AM PDT
Send her back to jail where she can learn what the rest of the world knows. That if you do the crime you have to do the time. She need to learn a real lesson in live that you can't drink and drive and not go the jail. I am sick and tired of hearing about her. Everybody suffer in jail and she should also.
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by voxpopulus June 8, 2007 2:33 AM PDT
For someone who claims to hold no brief for Ms Hilton you seemingly go out of your way not to mention certain factors.

First, she'd pleaded no contest in January to reckless driving. That was in response to her Sept. 7th arrest. She was drunk enough to seem visibly drunk and failed a sobriety test. She had a blood-alcohol level of .08 percent. That was a DUI violation.

For that she was sentenced to 36 months probation, alcohol education and $1,500 in fines. Even after that, she had two other traffic stops and did not enrol in the mandated alcohol education program.

With her license suspended she was pulled over again on Jan. 15th. She signed a document acknowledging that she was not to drive. A month later, on Feb. 27 she was stopped again, speeding with no headlights at 11pm. The judge had the discretion to give her up to 90 days in jail and a $1,000 fine. She got half that and got time off for "good behaviour" even before she'd put one foot in front of the jail.

Some people might get lighter sentences. Many of us know people who've done a lot less than this and got stiffer ones. It simply isn't the case, given the REPEATED, flouting of the law, that she
got an unfair deal. Nor was this ONE lapse of judgement. To go to jail and get out after a few days because it made you cry is a legal travesty. or three. Not only should law be enforced, it should be SEEN to be enforced.
Reply to this comment
by samthetvcat June 8, 2007 2:53 AM PDT
"Mr. Andrew Cohen,

You have said it correctly once again. This just proves that you are a fair and honest person, who deserves respect."
Posted by george2221 at 02:04 AM : Jun 08, 2007

WOW once again I don't mean to be mean, but I think the larger issue with regards to whether celebrities get preferential treatment is whether the punishments for certain crimes such as dui's ought to be somehow scaled to one's net worth (the law in some other countries - somebody from Australia or somewhere mentioned this in a previous Paris article). I think this was what the judge was trying to do when he actually sentenced Paris to time in jail.

I'm not sure which sentencing guideline Andrew Cohen is referring to specifically that dictates that "under California sentencing guidelines, that sentence was cut in half" because when I checked the codes, the only guideline in place for violating probation by driving with a suspended license is to impound the person's car. Now, here is where the Paris Hilton wealth factor renders the sentencing guidelines impotent because if they impounded her Bentley, she's got the $$$ to go out and by a couple more without a second thought. So given the unique situation of Paris not only having the wealth to render the 'fair and equitable' treatment totally worthless as applied to her, but also the celebrity to give her young fans (?!?) the mistaken impression that dui's have no consequences, I think there's a real issue of what the law perhaps OUGHT to be.
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by samthetvcat June 8, 2007 3:11 AM PDT
PS That sentencing guideline is mandatory for driving with a suspended license - the code is actually silent as to how violations of probation ought to be treated.
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by samthetvcat June 8, 2007 3:14 AM PDT
PPS Actually, the 2nd legal issue raised in Paris' case is the power struggle between the District Court with it's sentencing powers and the Sheriff's Office with it's overcrowded jails. What's interesting about Paris' case is that the judge specifically mentioned as part of Paris' sentence that she would not be permitted to serve it at home with an ankle bracelet...does the judge have the power to be this specific, or does this decision fall within the sheriff's domain? The panel on Larry King seemed to think it was the sheriff's call, but I think given his reasons for releasing Paris (medical condition as opposed to overcrowding), he may not have the authority.

Apparently tomorrow, the judge hopes to hold the sheriff in contempt of court. I did a quick Goooogle search to find out the extent of the judge's power, and found a couple of sheriff contempt cases but none where the sheriff was jailed to compel him to act - like I only saw fines. So if all the court can do is fine the judge for non-compliance, maybe it's not a question of whether or not he has the authority but whether or not he can be made put Paris back in jail. I don't think he can.

I couldn't find anything on the appeals procedure for sheriffs being held in contempt, although since State versus State cases are handled by the US Supreme Court, I would guess this would be handled by the Cal Sup Ct (?)
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by blackbug99 June 8, 2007 6:49 AM PDT
Personally, I don't think it matters if it's house arrest or jail. She can hold all the bibles she wants but does anyone buy that she's changed? I am confident she will either violate her house arrest conditions, or, upon release, just mess up again.
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by ehimmel June 8, 2007 7:44 AM PDT
I can't feel sorry for Paris when innocent young women and men are being sent to Iraq to serve in a senseless,dangerous war, risking there lives every single minute.Those who enlist have no way out once they are there.Many have been called back to serve a second and third tour of duty .Those who have adjusted to life back home with good jobs ,marriages ,children are unfortunately sent back with no recourse whatsoever.Now thats what I call UNFAIR!Although this is a personal tragedy for Paris and her family I think we all need to put this in perspective.
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by samthetvcat June 8, 2007 2:13 PM PDT
PS I also heard this sheriff was also involved in trying to protect Mel Gibson's reputation by covering up his anti-semitic rants - not sure if that's true or what part he played but if so, then I think this judge maybe be a little star-struck or something . . .
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by uradufuss June 8, 2007 3:59 PM PDT
I have learned a great deal from this ordeal and hope that others have learned from my mistakes." --Paris Hilton--

Others should not need to learn from her mistakes. Only she needs to. Hopefully that will happen now.
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by johnshaft4 June 8, 2007 4:00 PM PDT
Judge to Princess Paris: "I'll get you my pretty and your little dog..."
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by blahblah9948 June 8, 2007 4:29 PM PDT
She was first arrested for drunk driving, then arrested for driving with out a license. I think the Lawyer who wrote this story spent too much time on the golf course and not enough time reading the facts. So driving drunk may be a non violent crime but it's risking public safety. Then being caught twice driving on a suspended license which was revoked for driving drunk shows no remorse for what she did.
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by amurguz June 8, 2007 5:28 PM PDT
Although Mr. Cohen initially says that he doesn't care for Ms. Hilton, he sure does a good job of defending her, and her poor judgment. It wouldn't bother me so much, his coming to a spoiled little brats rescue, if he would do the same type of defending for those who have no resources, and must rely on the under funded Public Defenders office; throughout this country. It also wouldn%u2019t bother me, her being released early, had it not been for the fact that Ms. Hilton wasn't pulled over just once for violating the terms of her probation, but twice! As such, I think it safe to say that anyone with the kind of resources afforded to Ms. Hilton, on a regular basis, could have had someone drive her to where ever it was she needed to go. Had Ms. Hilton followed the law, and just not driven a motor vehicle for the duration of her punishment; a small price to pay for driving under the influence, none of this circus would be occurring. On top of it we now have a, well grounded, public furor over the apparent ineptness of one governmental department not knowing what the other was doing. I doubt very seriously that the Los Angeles County taxpayers should be happy with their Sheriff for allowing his deputy%u2019s time, and the wear and tear on the county%u2019s automobiles, for the fortune of Ms. Hilton, and all of her baggage; Louis Vuitton or otherwise.
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by samthetvcat June 8, 2007 5:41 PM PDT
OOPS! I meant the sheriff seems a little starstruck, NOT the judge!

It'll be interesting to see how much time Paris actually ends up serving. Something must be going on behind the scenes because this sheriff didn't seem concerned about what anybody else thought about his actions BEFORE he released her to home confinement so why should he give a hoot now.

I wouldn't be surprised if Arnie (as in The Governator) had to personally take the carrots and sticks to this guy, letting him know he understands that there's the power issue that's been brewing between the courts and the sheriff's office and that there's a huge problem with overcrowding, but that this isn't the case to be duking it out because it's making the California justice system look like a joke to the rest of the world, which already looks bad because of OJ and Robert Blake already. If Gov. Schwarzenegger offered this sheriff a dinner invite with him and Maria and a pledge to increase the funding in the next budget, I think whatever hold Paris had on this dude is going to be neutralized.

But who knows . . .
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by samthetvcat June 8, 2007 6:05 PM PDT
From the other Paris article:

CBS News legal analyst Andrew Cohen says that Hilton's lawyers can appeal the ruling and try to get her released earlier.

"At a minimum she probably won't have to serve the full 45 days %u2014 probably won't be punished for the role she played in this sorry episode. But I can't imagine that too many appeals judges will want to rush to her rescue," Cohen says. "The real bad actor here wasn't Hilton; it was the sheriff, the people in charge of the prison, who allowed her to leave jail yesterday without first checking with the prosecutor and checking with the judge. And I'm surprised the judge didn't come down harder on the sheriff and a little less harsh on Hilton."

* * * * *

Say whaaaat?!? Anybody find Andrew Cohen's position difficult to reconcile with his position yesterday without some massive rationalizations?

If CBS really wants to up the quality of their reporting they ought to snap up that CNN analyst BJ Bernstein while/if she's still an independent contractor. An alternative might be Gloria Alred's daughter, I forgot her name - she might actually be a reporter for Court TV though . . .
Reply to this comment
by samthetvcat June 8, 2007 6:14 PM PDT
Lisa Bloom - that's her name (Gloria Allred's daughter).

PS Also I'm not sure what is the basis for Andrew Cohen's guess that Paris' appeal doesn't stand a good chance of getting picked up because THIS appeal would actually stand a MUCH better chance of getting picked up because of the power issue between the sheriff's office and the district court. Although because Paris' sentence is so short, the issue'll might become moot first . . . who knows . . .
Reply to this comment
by brianbwb-2009 June 9, 2007 3:59 AM PDT
Mr. Cohen,
You obviously have never known life in the lower middle class, sentences longer than that are routinely given for offenses as minor as a marijuana butt in the ashtray of your car, even if it wasn't yours. The police in LA and, i suspect, have incarcerated many Black men and women by tossing a joint into their car, then arresting them for possession, I know two people serving time for this.

Please spare us the rose glasses, some of us know better...
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by brianbwb-2009 June 9, 2007 4:02 AM PDT
Sorry for the typo, I meant to say "the police in LA and, I suspect most other major cities"...

I gotta cut back on the coffee.
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by samthetvcat June 9, 2007 4:34 AM PDT
"Although because Paris' sentence is so short, the issue'll might become moot first . . . who knows . . . "
Posted by SamTheTVCat at 06:14 PM : Jun 08, 2007

Update: Apparently, bail is mandatory for misdemeanors being appealed so Paris is going to be out on bail by Monday night. As for Paris' appeal, IF they hear her case on the Constitutional issue, I would guess that the court will revert it back to the 23 days as a compromise. Courts can't really be allowed to grant the full possible sentence without the sheriff having the flexibility to balance his inmate load based, and sheriffs can't really be allowed to override judicial sentences based only on practicality concerns. The sentencing guidelines already address the issue of fairness, and because Paris' 45 day sentence was well within those confines I don't think there's any legal grounds for challenging the fairness of the sentence in relation to the 'average' sentence for dui's in LA county. Who knows whether the court of appeals will take the case though . . . maybe they don't have enough information yet to provide a remedy to the ongoing power struggle between the sheriff's office and the district court . . .

PS I was always skeptical of those claims that cops planted dope on people until they caught it happening on tape in that incident in Chicago . . .
Reply to this comment
by meg1946 June 9, 2007 8:01 PM PDT

THERE HAVE BEEN ADULT CASES IN THE STATES THAT I LIVE IN WHERE BY PEOPLE HAVE BEEN TICKETED WITH MORE THAN ONE OR TWO DUI"S THE END RESULT IS THERE HAVE BEEN ONE TO MANY VEHICULAR HOMICIDES
DUE TO THE INTOXICATED DRIVERS THESE PEOPLE HAVE GOTTEN OFF MANY TIMES
PARIS IS A CHILD THAT NEEDS TO REDIRECTED SHE AN HER FAMILY COULD DO ALOT FOR THE CAUSE OF MOTHERS AGAINST DRUNK DRIVERS I DO THINK THIS IS ANOTHER JUDGE THAT IS NOT EXPERIENCED AND WANTS HIS OWN 15 MINUTES OF FAME VERY SAD TO
SAY THE LEAST THIS YOUNG THING DOESNT DESERVE WHAT HAS HAPPENED TO HER
A SHE SHOULD BE SEVERLY REPRIMANDED HOUSE ARREST OUT OF THE PUBLIC EYE WOULD BE GOOD
ASKING HER TO PUT HER ENERGY AND MONEY INTO SERVING A PUBLIC CAUSE WOULD BE BETTER
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