Paris Hilton Working to Sidestep Consequences Once Again

Last week a contrite and trembling Paris Hilton was sentenced to 45 days in jail for violating her probation for an alcohol-related reckless driving incident. She is to report to jail June 5.

This was the second time she violated the terms of her probation, but she had a defense: It was her publicist's fault. She claimed she'd been misled by publicist Eliot Mintz into believing her license was valid, despite having a signed acknowledgment to the contrary in her car.

Excuses in this matter apparently come easy for Hilton. Even before sentencing, ABC News reports that she told a Harper's Bazaar reporter her troubles were because of her celebrity status and being a cop magnet. "I think I get in more trouble because of who I am," she told the magazine. "The cops do it all the time. They'll just pull me over to hit on me. ... It's really annoying. They're [the cops] like, 'What's your phone number? Want to go out to dinner?'"

According to ABC News, Hilton told reporters outside her home on Saturday that she thinks her sentence of 45 days in jail is unfair: "I feel that I was treated unfairly and that the sentence is both cruel and unwarranted and I don't deserve this." Her attitude was much less resistive, however, when she was standing before Los Angeles Superior Court Judge Michael T. Sauer last week awaiting his ruling. When given an opportunity to speak before Judge Sauer lowered the gavel, Hilton said she was sorry and was now "going to pay complete attention to everything. I'm sorry, and I did not do it on purpose at all."

Having had some time to digest the sentence, Hilton and her band of lawyers are now taking steps to prevent her going to the pokey. Her lawyers have filed notice with the court of their intent to appeal. Further, publicist Mintz was fired. "To the extent that I have miscommunicated information I received from her attorneys, I am deeply and profoundly sorry,'' Mintz said in a public statement. "I told her I assume personal responsibility for my part in this matter. Due to this misunderstanding, I am no longer representing Paris. For the record, I have nothing but love and respect for Paris and her family. ..."

According to the LA Daily News, Hilton rehired Mintz on Monday. Tuesday he made another statement: "She continues to be my client," he said. "I'm delighted and honored to represent Paris. I think the world of her."

As for legal options, versus blaming others and making excuses, Hilton's attorneys can appeal Judge Sauer's ruling to the appellate division of the Superior Court, which they said they intend to do. Once the appeal process begins, Hilton will be entitled to bail pending the appeal. The appeal process can easily take as long as a year or more. Defense attorney Dana Cole told ABC News that Judge Sauer is the longest-sitting judge on the Los Angeles Superior Court and "could retire by the time this gets through the appeals process," which they believe could be in their favor.

Another legal tactic they could attempt would be to file a motion asking that Hilton be allowed to withdraw her plea on the original drunk driving charge. This would also buy Hilton some time and maybe even leniency.

Opinions as to whether Judge Sauer's sentence was too harsh vary, even among defense attorneys. And second-guessing Hilton's attorneys has also been heard. According to ABC News, criminal defense attorney Darren Kavinoky thought Hilton's attorneys should have had her do some public service announcements or such before sentencing, "instead of offering up all the excuses, which seemed to backfire."

"It didn't help that she was Paris Hilton,'' said Laurie Levenson, a professor of criminal law at Loyola Law School in Los Angeles. "Most defendants would have gotten a slap on the wrist.'' According to ABC News, Levenson agreed with Kavinoky that Hilton would likely do some of the 45 days, but not the full sentence.

Sources:

ABC News (5/8/07)

LA Daily News (5/8/07)