Also this afternoon, Britney Spear’s attorney appeared in court on her behalf — and Britney has been ordered to come into LA County and be booked for hit and run before the big 10/26 hearing in her custody case. 

What’s the big deal about all this?

For Kiefer, it may mean some jail time since the “no contest” plea translates into his admission that he violated his probation from the 2004 case (not to mention failing the 9/2007 sobriety test).  Probation is a second chance given by a judge: coming back before a judge for violation of probation?  You better have a darn good reason for being there, because the judge is usually ready to send you off for some jail time at that point. 

Is the economic impact to 24 if Kiefer can’t work a good enough reason?  Probably not.

As for Britney’s hit and run, this involves the fender bender in the parking lot, and her biggest problem there is the lack of a valid driver’s license at the time.  No sobriety test was done, no one was hurt, it wasn’t significant property damage.  All that video doesn’t help her case though — you see her smiling as she walks away from the scene.  Plus, all this bad press and the commissioner’s ruling that she’s habitually under the influence won’t help her, either. 

Kiefer’s in a much more serious situation than Britney today — and all this disregard of the law by celebrities, back to back, may hurt them both.  Judges don’t like to see the law disrespected.  Why not?

Well, maybe it is because they take it personally.  Then again, maybe it’s because they’ve seen too many cases where cars were involved that ended up like John Graziano.  Maybe they see the legal privilege of driving a car as a bigger responsibility than most. 

So who’s this John Graziano?  You remember him — he was the passenger in the car that Hulk Hogan’s son crashed last month.  He may be spending the rest of his life in a nursing home: he’s still not responding to light or sound.�

The Guardian has compiled a good overview

TMZ is quoting a story from the New York Post, where six weeks ago OJ allegedly appeared at the home of his handyman, girlfriend Christine Prody in tow, to accuse the guy of sleeping with Prody and threatening to kill him.  Included in the story is a reference to several domestic dispute calls made by Prody over the past 10 years. 

Meanwhile, OJ’s being used as the prime example of a “well implemented asset protection strategy” by at least one law firm, while the Goldman Family is attempting to seize the Vegas sports memorabilia as part of collecting on its civil judgment and they’re investigating the possibility of money stashed in offshore bank accounts.  They’ve already obtained OJ’s Rolex, after seeing the watch in a news photo covering the Vegas caper. 

OJ made bail, even though several pundits were arguing that it would never happen.  He left Nevada, and returned to Florida without a problem.  He’s said to be pleading “not guilty” to the charges. 

What’s next?

Well, there will be a long while before any trial happens in Nevada: probably a year will pass before there’s any trial time.  Meanwhile, there are a variety of witnesses here.  All these men will be trying to negotiate the best deal for themselves.  The old adage “there’s no honor among thieves,” comes to mind as these guys all try to trade info for leniency. 

The character and credibility of these men is suspect.  And, the more that their stories begin conflicting, the better it is for OJ.  Look for his case to be tried last.  While the audio tape will be admissible, look for OJ to not know about the guns, and to not know that anything other than his stuff (i.e., the Montana and Rose memorabilia) was taken from the room.  And look for the tape to be discredited via the character and motivation of its source: Tom Riccio is a convicted felon, after setting this sting operation up, why was he taping all this?

Until trial time, OJ’s going to stay in Florida, where the law protects his home and his huge pension payments.  He’ll live in his new mansion, keep sending his kids to college, and taking his girlfriend to Hooter’s. 

The Goldmans will try and find those offshore accounts, and maybe the handyman will press charges – not likely, though, if he’s waited six weeks now.  And, there’s some talk that he and Prody did know each other ….

Don’t expect this to be the Slam-Dunk Case that the media is hyping.  Once again, OJ will have expert legal counsel at a trial to limit the admissible evidence, and discredit the rest.  And while OJ’s reputation will be the elephant in that courtroom that no one wants to talk about, the standard will remain proof beyond a reasonable doubt.  

I wouldn’t bet the ranch on OJ going down this time, either.  �

Hulk Hogan’s son was seriously injured

Hulk Hogan was filmed at the scene of the accident, moments after it occurred.  News reports are unclear, but apparently paramedics arrived quickly, and The Hulk was seen talking with them, as they awaited the MediVac helicopter. 

What should you do if you are ever in the position that Hulk Hogan was in, at the scene of a car crash, where there are victims who are seriously injured?

1.  Call 911 immediately.  Keep the operator on the line. 

2.  Turn on your headlights, lift car hoods, use flares if you have them — do something to protect yourself and the crash victims from another collision.   If there are several of you, have someone flag traffic around the site until help arrives.

3.  Approach the car carefully; watch for debris and especially for gas leaking from the gas tank.  What do you smell?  Can you smell gas fumes?  The slightest spark can cause an explosion.  Think of all the warnings that are posted at the gas pumps.  Abide by them.

4.  Check to see if the passengers are conscious.  If they are, then evaluate whether to get them out of the vehicle.  They will be suffering shock soon, if not already.  The danger of being in a car that can blow up must be weighed against possibly exascerbating injuries they’ve already sustained.  Will pulling them out of the car cause that fractured rib to puncture a lung?  Ask them where they hurt.  Stay calm and be smart.  Ask the 911 operator what to do. 

5.  Shock causes chills, confusion, and low blood pressure.  Get blankets or coats to cover the victims. 

6.  Check the unconscious victims for a pulse.  Perform CPR if needed.

7.  Talk to the conscious victims, tell them that Everything is Going to Be Okay. 

8.  Get out of the way for the paramedics when they arrive. 

9.  Give your name and phone number to the police.  Leave when they ask you to do so. 

10.  Don’t be a weasel who is so afraid to be involved that you drive by and leave people unassisted.  That’s just plain wrong.�

Vick’s got a deadline today to take a deal, too – with a recommendation of one year in jail – or go forward, alone, to stand trial on all these charges.  Specifically, Michael Vick has been already charged with conspiracy to travel in interstate commerce in aid of unlawful activities and conspiring to sponsor a dog in an animal fighting venture.  These charges have mandatory punishments under the sentencing guidelines established under federal law, and carry a maximum prison term of five years and a $250,000 fine.   Executing the dogs?  More charges can be added. 

Should he take the deal?

If Vick’s totally innocent and squeaky clean here, and can prove it, then he should take his chances with a jury.  However, if he’s not totally innocent AND totally confident that he’s got sufficient admissible evidence to prove it, then he should take the plea.  One year is a lot less than five, and he’s got the money to pay the fine. 

Why?

Federal law tries to achieve uniformity in punishment by setting up standardized sentences.  You do crime X, you get sentence Y, no matter who you are, where you live, rich, poor, race, sexual orientation, celebrity status – you get the idea.   If the federal prosecutors can prove their case, then you will serve time.  No way around it. 

However, if Vick takes the plea deal, the sentencing guidelines will allow for less punishment because of his “acceptance of responsibility” — which will lower his sentencing score under these federal sentencing guidelines.   That standard 4 year sentence can get moved down to one year.   Taking responsibility for one’s actions gets rewarded under the guidelines. 

So, if you know you can’t win at trial, then 1 year is a lot better than 4.  The possible new charges go away.  Take the plea.�

Then, LiLo gets released on bail, gets thrown into another rehab facility (you can bet that her attorney insisted upon this), and e-mails Billy Bush of Access Hollywood to report that she’s “innocent” and wants everyone to “respect her privacy.” Innocent? Right.

Meanwhile, her dad is busy making money doing TV interviews and her mom is not rushing to help – compare this to Kathy Hilton – and her pals are telling the media that they are afraid Lindsay Lohan may harm herself. 

Harm herself?  What do you think she’s been doing for months now? The Washington Post has compiled a nice timeline of LiLo’s self-destruction.

Will she do jail time? Yes, here’s why.

First, she’s facing these charges: (1) 6 months for each DUI; (2) 6 months for hit and run; (3) driving with a suspended license, 1 year maximum and mandatory 10 days; and the biggie, (4) possession of cocaine, 3 year maximum.  The transport charge probably won’t hold.

Lindsay has committed a second crime now, piling one felony on top of another.   This takes it out of a short stay in the local jail (think Paris Hilton) to longer time in a real-life prison facility.   Even if her lawyers argue that there’s not a second crime, but merely a second offense (lawyerese here), Lindsay’s still tallied up mandatory jail time - and this second offense argument is very weak. 

Add to this her Blood Alchohol Level of .012 or .013 on Tuesday, when California holds .08 to be legally drunk, and things look really bad.  It’ll be even worse if facts reveal cocaine in her system at the time of the second bust. 

Lindsay Lohan will do jail time.  No doubt about it.  The only question is how good a plea bargain her lawyers can get her. 

How much time?  Too soon to tell.  Could be a short stay – say 30 days – followed by a long-term mandatory participation in a court-selected rehab facility.  However, it could be a period of years – that’s within the judge’s perogative at this point. 

It’s a sad, sad story: Lindsay’s cornered herself into a bad place with no easy way out.  �

TMZ.COM is reporting

Well, the story is that the DA offered up a plea bargain, and Nicole’s lawyers are working  on her behalf, finalizing the deal.  Maybe the reported documentation that Nicole Ritchie had at the ready, on the unreliability of the drug testing performed on her, was a deal maker? 

You’ve seen plea bargains on TV; Law & Order has them all the time.   So, if you’re in the hoosegow and the word “plea” comes up, what should you do?  What is plea bargaining, exactly?

It’s a negotiation between the prosecutor and the defense attorney in a criminal case to a reach a bargain which can only be effective if the judge approves the deal.  Usually, judges do — they trust the DAs to know what’s best, considering all the evidence and the strength of their case, etc.  You’ve seen Fred Thompson discussing this with Sam Waterston for years now.

At the other end of the deal, the client has to okay the deal, too.  This can be a tough decision to make: plea bargains are NOT a dismissal of all charges, instead they are a compromise in the charges and the assessed punishment.  

Maybe you get to plead “no contest” instead of “guilty” but you’ve got to fess up in some matter, and then, you’ve got to take some type of punishment.  Maybe it’s probation, or a suspended sentence, or community service, or a fine, in lieu of jail time.   It’s not going to be a clean getaway.

Since you’re negotiating incarceration time, your criminal record, and possible monetary fines, having an experience criminal defense attorney acting on your behalf is extremely important in plea bargaining.  The DAs do it everyday; you should have someone on your side with that level of experience, too.

Starting today, she’s serving half of her sentence, or approximately 3 weeks, in a 12 foot by 8 foot cell that contains two bunks as well as a toilet.  So far, she doesn’t have a roomie.

Just so you know, Paris has not had any special treatment thus far — assuming media reports are accurate. 

So, exactly what happens when you are arrested and jailed?

 When you are arrested, you are taken to the “intake area.”  There, you are searched, booked, fingerprinted, given a medical check, issued a standardized uniform (color-coded, usually by security risk), and then placed in a cell.   All your personal items are inventoried and held for you; they are returned when you are released. 

That cell can be with the “general population,” or it can be in a special area, as the authorities deem fit.  Paris, for example, is in a special area reserved for public officials, police officers, celebrities, and the like.  This isn’t special treatment for Paris. 

These special areas are created to make it easier for the officials to keep the peace, minimizing the risk to everyone involved – including the jailers.   Another type of “special area” is the segregated area where people who have been arrested but have yet to appear before a judge are held; for example, those who have been picked up on an outstanding warrant. 

Once you have been assigned to a cell, you stay in that cell most of the time.  For example, Paris will have one hour per day to watch television or make telephone calls.   She can be allowed additional time, it depends upon the authorities there.  Good behavior merits a reward. 

Even for Paris Hilton, who has a short stay and a segregated spot, this should be a difficult time.  The loss of freedom has a big psychological impact on everyone.  It may be even more so for Paris, since Forbes.com relates that mom Kathy Hilton says “…this will be a time when Paris will be able to think and reflect and to spend time alone to learn from the experience because in Paris’ life she’s never alone – there’s always a constant chatter around her.”

And, yes – that is Forbes.com reporting on Paris’ incarceration.  Yes, that Forbes.�

Odds are, you or someone you know has a MySpace page.   Every 2008 Presidential Candidate does.  Paris Hilton does.  Heck, even Kevin Federline does. 

MySpace doesn’t provide a list of celebrity pages, confirmed to be authentic.  Some bloggers are doing that: check out RandomCrapOnline.Com (gotta love that name) and Bumpshack.Com.   (The New York Times is keeping track of the presidential candidates.) 

However, MySpace has compiled a list of over 7000 registered sex offenders with pages on its site, and removed all their MySpace pages.  Beginning this week, MySpace is releasing this information to the different states, giving state authorities a list of offenders for their area who were using the MySpace “social networking” site.   On Tuesday, for example, Illinois Attorney General Lisa Madigan received a list of 584 names from MySpace. 

Working with Sentinel Tech Holding Corporation, MySpace culled its 18,000,000+ sites to build a database containing information on registered sex offenders.  Once the various state attorneys general issued subpoenas conforming with the Electronic Communications Privacy Act, MySpace is legally required to give each state rep its compilation for that state. 

In this effort, MySpace is working with the National Center for Missing and Exploited Children in fighting against registered sex offenders using the web for predatory purposes.  The Center’s studies show that there is a 70% chance that someone between 10-17 years old will be sexually solicited and/or approached while online.

What should you do if you think that someone is soliciting or generally being creepy in a sexual way online?  Report it.  It’s a crime.  Don’t be used.  Trust your gut. 

Report it to your local police.  And, report it to the CyberTipLine.Com or call 1-800-the-Lost. 

For more information:

Wired.Com 

National Center for Missing and Exploited Children

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