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Wednesday, 16 February 2011 21:56 |
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CELEBRITY JUSTICE 2
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What does it mean when someone violates their probation and what are the consequences? They are the same regardless of the defendant’s celebrity status. Recently, Lindsay Lohan was in court facing charges of grand theft for allegedly stealing a necklace from a Venice, CA jewelry store. This new charge constitutes a violation of her probation on the 2007 DUI charge for which she recently was in a drug rehabilitation facility. This new charge may or may not be defensible on its own yet the actress must deal with probation violation proceedings as would any other defendant in similar circumstances. Any criminal defendant who has worked in the field long enough knows that recovery from substance abuse is not a linear process. There are expected bumps along the road to recovery. As in negotiating an appropriate plea and sentence, these relapses in recovery need to be considered and addressed in handling probation violations. There are many resources and experts available to help. The sentencing judge has a lot of discretion in handling probation violations, as he does in sentencing on the underlying offense. Regardless the nature of the violation, the defendant is entitled to a probation violation hearing to determine if there has in fact been a violation. A violation can be found if the defendant commits another crime or fails to comply with the terms and conditions of probation. If it is a minor violation, the court can violate the defendant and reinstate probation on the same or modified terms. If it is a major violation the court can sentence the defendant to jail or prison for the maximum term allowable for the underlying offense, as well as for the offense which constituted the violation. Again, negotiation of appropriate sentencing terms is key in probation violation matters. If there is a victim involved additional matters need to be considered and will be addressed in our future blog. Law Office of Sara L. Caplan P.O. Box 3335 Beverly Hills, CA 90212 Office: (310) 550-5877 Fax: (310) 362-0411 Website: www.saracaplandefense.com E-mail:
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Monday, 14 February 2011 20:42 |
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CELEBRITY JUSTICE
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Award shows in Los Angeles are always the best times to get a glimpse of the best and worst behaved celebrities in Hollywood. Being in the spotlight 24/7 is as much a curse as it is a blessing. People often think that when a celebrity gets in trouble they get special treatment by the police and by the courts. This is not really true.
Take for instance Bruno Mars, an extremely talented young musician. Everyone knows that young people make mistakes and that shouldn’t ruin the rest of their lives. The plea negotiated for Bruno Mars is neither extraordinary nor does it show he was given any special treatment by the court. “Diversion” or “Deferred Entry of Judgment” is available to any first time drug offender, whether the drug offense is a felony or a misdemeanor. A first time drug offender is entitled to plead guilty as charged, be placed on probation for a period of time and undergo other terms and conditions. In California the minimum period of probation by law is 18 months. The terms and conditions usually include attending classes, drug rehabilitation, drug testing and perhaps community service. Upon satisfactory completion of probation, the plea is withdrawn. At no time has the defendant been convicted if he satisfactorily completes probation. This remedy which also permits removal of the arrest from the person’s record at the conclusion of probation, is available only one time in any defendant’s entire criminal history.
The same types of alternative sentencing mechanisms are available to anyone. Being the subject of criminal proceedings is a shocking and horrible experience, for which celebrity status provides no help. I have represented celebrities, professionals and people from all walks of life. I can tell you that having a good, and experienced attorney, who knows how to work the criminal justice system is the key. There are some excellent public defenders and criminal defense attorneys who are able to work out excellent plea agreements for their clients to ensure that their client’s lives are not ruined by a first time mistake. Rather, knowledge of the resources available and of utilizing criminal justice procedure to negotiate an appropriate plea or sentence to promote their client’s welfare is available to anyone. Law Office of Sara L. Caplan P.O. Box 3335 Beverly Hills, CA 90212 Office: (310) 550-5877 Fax: (310) 362-0411 Website: www.saracaplandefense.com E-mail:
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We here at Sara Caplan Defense are proud to announce our new blog.
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