What is a "probation" violation? How come Paris Hilton was sentenced to 45 days in jail on a probation violation, released early, and then placed back into custody?

Posted on: June 9, 2007 at 5:05 p.m.

"Probation" simply defined is a period of time where the imposition of a criminal sentence is suspended because a defendant agrees "to prove" himself to the court, by agreeing to complete specified terms and conditions set out by the court.

In a first-time DUI case, probation terms typically include a defendant being ordered to obey all laws, not drive without a valid license, do an alcohol school program, perform community service, and pay a fine. A period of time in jail is not imposed because a defendant agrees to complete these terms.

Paris Hilton was found in violation of her "reckless driving - alcohol related" probation, following a contested hearing in front of Judge Sauer in Metro Court. He determined she violated probation because she drove without a valid license and did not finish the ordered alcohol school program, sentencing her to 45 days in jail.

Due to a federal court order to alleviate jail overcrowding, L.A. County Sheriff Lee Baca (who runs the local jails) regularly releases inmates early. In other words, he does this to comply with a federal court order. In Paris' case, Baca released her early not due to overcrowding, but rather due to her medical condition. Judge Sauer found this release was in violation of his order for her to serve 45 days in jail, and ordered the Sheriff's to return her to jail. Sending Paris back to jail was a precedent! Judges rarely, if ever, reverse the Sheriff's decision to release an inmate early. The Law Blog is in fact unaware of any prior instances.

If Baca had justified Paris' release to alleviate overcrowding, Judge Sauer may not have ordered Paris back to jail due to the previously mentioned federal court order. L.A. County jails run by Baca do have facilities for the medical care of inmates, so that Paris will her medical condition treated while in custody.

The Sheriff's Department website provides an example of how to support a relative with an illness, who is in custody (www.lasd.org). To see other criminal law issues addressed by Southern California criminal defense lawyers, visit http://www.kelawyers.com/FAQ.aspx

Tagged as: bench warrants, faq, high profile defense

Comments:

DaisyS on November 28, 2007 at 2:57 a.m. wrote:

I don't believe that just because Paris is 'famous' that she should be able to get away with these crimes. Clearly, Paris broke the law and I think that consequences should be held against her for violating the law while on probation. I understand that according to Baca, it is typical for inmates to be released due to overcrowding, but I don't believe she should have been released. I understand that I am going against Paris in saying that she should have stayed in jail longer, however, I believe that by releasing her, the public sees that the system alters when dealing with celebrities (this is an assumption, yet the public that isn't aware of 'jail overcrowding' is going to believe that she got around the system due to her status in society). As far as her medical condition, I also believe this was a hoax to get out of jail as fast as possible.

Law Blog on July 19, 2007 at 9:13 p.m. wrote:

This was an alcohol-related reckless driving, which means she was initially arrested for a DUI (which was plea-bargained down). Apparently she violated her probation terms in many ways, not once or twice, but three times. The judge has broad discretion, and felt that she deserved jail. He gave her less than recommended by the prosecutor's office, which had been requesting 180 days.

John Hicks on July 19, 2007 at 2:39 p.m. wrote:

Help me here, I am not familiar with California Law. In Paris' case she violated an original arrest of DUI that got pleaded down to 'reckless driving.' I have read that she served more time than the 'average' person. Violation of probation (VOP) and the 'average' person can expect to serve twenty-three days in jail? I understand that this was a case of reckless driving and to my understanding it was a first offense, but I am still curious; twenty-three days was too harsh? I supported 'no' jail time for Paris, there would be no issue if she had not been sentenced to jail time. And I agree with anyone that thinks it was cruel to release her and then return her to jail. livinginthethev John Hicks

Brittany Gibson on June 17, 2007 at 10:10 a.m. wrote:

I think that it is important to take in to account the fact that she is so flamboyant about her often reckless behavior. Maybe she is doing more time than %60 of inmates, but that seems about right, because if it were only %1, they would be letting her off and if it were %100 of the inmates that did less time than her then they would be being too harsh. She always wants to make an example of herself, so now let the judge help her to do it this time. Drunk driving is serious, and we can't let Paris send the message that it's not.

Eric T. on June 15, 2007 at 12:09 p.m. wrote:

The Case of Hilton is as follows: Hilton

Law Blog on June 14, 2007 at 10:27 a.m. wrote:

L.A. Times article from June 14, 2007 concludes that Paris will more more time than 60% of prior inmates in the Los Angeles County Jail, and is on par to inmates convicted of violent crimes (rather than DUIs): 'Paris Hilton will end up serving more time behind bars than the vast majority of inmates sent to L.A. County Jail for similar offenses, according to a Times analysis of jail records. Whether Hilton received special treatment from the Sheriff's Department has become the subject of much debate since Sheriff Lee Baca last week allowed the hotel heiress to go home after less than four full days in jail, despite a promise that she would serve 23 days of a 45-day sentence. The Times analyzed 2 million jail releases and found 1,500 cases since July 2002 that

Taylor on June 13, 2007 at 6:30 p.m. wrote:

I do not think that it is right how they are using Paris as a rag doll, putting her in and out of jail. If she were anyone else, this wouldn't be an issue. However, I do not believe that our jail system is fair or effective in any way as it is. I think if they are going to be putting their foot down with her, then they need to with everyone else as well. I know somebody who has been in and out of jail multiple times with both misdemeanors and felonies and he never even serves a quarter of his sentence. The people running this system need to realize that jail sentences, especially in Southern California, are not serving their intended purpose. Everyone knows that no matter how long your sentence is, you're going to be out in a week or less. How is that even a consequence? Jail is supposed to serve the purpose of deterring people from committing crimes, with jail as a 'serious' consequence. But because the system is not following through with it's sentences, people no longer feel that jail is a serious consequence. And I think that the jail 'overcrowding' excuse is a bunch of BS. My step-brother was in county for 5 days and he said that not more than half of the beds were full at a time. I think the real issue is that we do not have enough people willing to work in the jails to keep them running smoothly. Something needs to change, otherwise crime rates are going to continue to increase.

Law Blog on June 13, 2007 at 12:34 a.m. wrote:

Anytime a celebrity is in the criminal justice system the abnormal becomes the norm. Sheriff Baca's conduct does appear unusual - however many people do get releases early, for all sorts of reasons. Here Sheriff Baca actually stated a reason which made it more controversial. The law blog is aware of a case handled by Kestenbaum Eisner & Gorin LLP where a disabled defendant received 180 days in cpunty jail on a serious charge, and served only less than a week. Again nobody would give this result a second thought pre-Hilton. The upshot is the Sheriff's release policy is unpredictable, and no one in custody truly knows how much time he or she has to serve.

Vasyl G. on June 12, 2007 at 1 a.m. wrote:

From what I have heard, Paris' medical condition was not been released or substantiated which granted her (later reversed) early dismissal. It seems suspiciously coincidental that Paris was let out of jail only after a few days in prison. Is Sheriff Baca being held accountable for discrediting the legal system? I hate to sound like an antagonist, but something smells corrupt...

Sella Benyamin on June 11, 2007 at 12:04 p.m. wrote:

I don't agree with what she did either. But I do feel bad for her. I feel bad for her because she thinks that she can get away with a lot of things because of her last name. She should have just stayed in jail. Staying in your house is not a punishment. I'm sure she'll have people serving her.

Arsineh on June 10, 2007 at 3:43 a.m. wrote:

I don't think what Paris did was right and I do think that it was right to send her to jail. However I don't think it's fair to her psychologically to release her and then send her back. I know many people personally who were sent to County and then they were released in 2 days for a 24 days sentence. Just because she is a celebrity she is being treated very differntly and it is to her disadvantage. It seems as though the media is making the judge do things that he would usually never do. Just like Baca said, the only special treatment she's getting is that she has to actually serve all of her time. Its not fair and the system is being run by the media....isn't this something that should be avoided instead of endorsed ? I just feel really bad for her...everyone that doesn't is just attacking her character instead of the facts that are relevant to this case.

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What is a "probation" violation? How come Paris Hilton was sentenced to 45 days in jail on a probation violation, released early, and then placed back into custody?

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