Photo Courtesy of gawker.com

Shortly after Paris blew out the candles at one of her multiple 30th birthday parties, Paz, who had crashed the party with a friend, made an impromptu decision to make off with the cake. A waiter had commented on how the cake would probably be thrown out, so Paz quickly slipped by him lifted the cake and gave the security guard a cordial nod on his way out. Minutes later he sat in the passenger seat of his car with thousands of dollars of pastry on his lap.

Since then the media has given the story full coverage with 12,560 news articles, 322 television segments, and 147 interview requests for Paz. It was in light of all this media attention that the burglar decided to serve the cake on white paper plates to the homeless. It is rare that theft comes to such a selfless conclusion.

As of now, it is unclear whether Paz will be facing criminal charges. If you or anyone you know is arrested for theft, contact Bloom Legal at 599-9997 for a free consultation.

Photo Courtesy of JudiciaryReport.com

Hilton was stopped in Las Vegas by police who allegedly smelled the strong odor of marijuana emanating from a vehicle driven by Hilton’s boyfriend, Cy Waits, who has been arrested for DWI.

According to reports, after requesting access to her purse for lip balm, Hilton opened the purse at which point officers witnessed a small bindle of what appeared to be cocaine fall from the purse and into their hands.

Hilton is currently charged with possession of .8 grams of cocaine, an amount indicating felony status with sentences in Nevada ranging from probation to 4 years in prison. It is unclear at this point what the outcome will be while Hilton and her family adamantly deny her ownership of the cocaine (and, on occasion, the purse).

In any event, it is extremely ill advised to ever engage in the use or possession of controlled substances, least of all while driving. However, accidents happen and people make mistakes – if you have been arrested for or charged with a drug-related crime, Bloom Legal is here to ensure your constitutionally guaranteed right to competent legal counsel. Contact us today at 504.599.9997 for a free drug-related crime consultation with an experienced criminal defense attorney.

Barron Hilton, Paris Hilton’s kid brother, got busted

Barron spent the day in jail, and around 6 pm  that evening, he was released after posting $20,000 bail.  So, what’s bail — and what’s a fair bail amount?

Bail is security that is placed before the court (usually in the form of money) that guarantees the return of the arrested person to the courtroom on a certain date.   Fail to show, and the security is forfeited. 

The judge decides how much security should be required to insure the defendant’s return.  He “sets” the amount of bail, and then when the security is provided to the clerk’s office, the bail is “posted.” 

Bail bondsmen are notorious for making big profits, setting up offices near to jails and negotiating with arrested folk and their families for the bonding company to put up the security for the arrested person and get him out of the gray-bar hotel.  For a fee.

A contract is signed between the bonding company between either the arrested person or someone helping them out.  The Bail Bondsman may require just that signed contract to post the bond — but they may require more.  Loved ones often put up houses, cars, jewelry, stocks, or other assets as additional collateral to satisfy the Bail Bondsman and get the arrested person out of jail. 

And yes, they’ll lose that security if the loved one skips town (“jumps bail’) — just as the bail bondsman will lose the bond he posted on behalf of the guy.  (Memories of Dog the Bounty Hunter chasing down skippers on his television show come to mind.)

 So, the key comes down to the amount of the bail.  There can be big fights in the courtroom as prosecutors and defense attorneys argue over the appropriate amount.  The security needs to be high enough that it discourages the arrested person from blowing off coming back to court — the risk of losing the security is bigger than the risk of showing up to face the charges. 

But, it should be reasonable enough to serve the purpose of allowing the arrested person the opportunity to gain his freedom from jail while charges are pending.  Innocent folk shouldn’t have to spend time behind bars, right?

Now, about Paris Hilton’s brother.  Do you think $20,000 serves the purpose for bail in Barron Hilton’s situation?  Yeah, right. 

Barron’s not gonna skip his April court setting because of this token bond.  He’ll show because he lives in Malibu and he doesn’t want to deal with additional arrest warrants for failing to appear — not because he’s worried about losing 20K.�

TMZ.COM has pointed out

Bill Totten points out that there’s a lot of humor to be found in the fact that Paris Hilton has done more time than Scooter Libby.   For the more serious sorts, The Foxhole has one perspective, JoSwift has the other. 

So, what’s a pardon anyway - who gives ‘em, when, and why?  If you’re in trouble, can you get one too?

A pardon is a release from punishment.  An example of the actual, written document can be seen here, where Pres. Clinton pardoned his brother, Roger.  (Libby’s document isn’t online yet.)

If someone has been convicted of federal charges, then the President of the United States has the right to grant executive clemency to the prisoner, which comes in the form of a pardon.  If someone has been convicted of state charges, then the Governor of that State has the right to do the same.  The highest member of the executive branch has the power to pardon within that jurisdictional system. 

So,  Arnold Schwarzenegger as the Governor of California, had the power to pardon Paris Hilton.  Paris did ask him for one; he said no.  

President Bush did have the power to pardon Li’l Kim, but it’s unclear that he was ever officially asked.  From the CNN.COM reporting of Li’l Kim’s incarceration, it appears that a plea bargain was had:  she served 1 year and 1 day (rather than risk the sentencing guidelines of 20 years), paid a big fine, and publicly announced that she had, indeed, lied to the grand jury and on the stand at trial.  

Li’l Kim negotiated herself from 20 years down to 10 months actual jail time, which was very savvy plea bargaining — especially when dealing with those strict federal sentencing guidelines.  Maybe asking for a presidential pardon was on her task list, if she hadn’t made this deal? 

Do you, or a loved one, want to request a pardon?  How do you get one? 

You write a letter.  Actually, lots of letters.   Tennessee legislators are writing their state governor now, for example, asking for the pardon of a death row inmate.   

Where do the letters go?  Most states have a group of individuals who advise the governor about pardon requests.  The Washington State Clemency and Pardons Board recently advised their governor on the pardon requests being made by lots of people on behalf of prisoner Barry Massey.  Whether or not Massey got a pardon, however, remained Governor Gregoire’s sole decision. 

What are your chances of getting a pardon?  Not high.  The Governor, or President, doesn’t exercise this power often, but lots of requests are made.  So:  the more letters, the better.  The more media coverage, the better. 

And, weighty equitable arguments regarding the pardon need to be included:  for example, Barry Massey is serving life without parole for a murder he committed at the age of 13 (and psychologically assessed as mentally aged 9.9), and at that young age was tried as an adult and sentenced to life in prison without the possibility of parole.  Sentenced to life at 13 is a powerful equitable argument: was this fair?

The Washington board recommended clemency for Massey.  The Governor said no, but invited Massey (now 33) to ask again in three years’ time.  

Perhaps in all this pardon discussion, Barry Massey’s situation should be thrown into the mix.  Suddenly, Paris’s request and Libby’s pardon take on a new perspective, don’t they?�

Paris Hilton

Lindsay Lohan announced last Thursday that she is extending her stay in rehab.   Meanwhile, MTV reports that American Apparel is selling hoodies like the one Lindsay was wearing, passed out in the front seat of her car, by using the paparrazi photo we’ve all seen with zonked Lohan’s mouth hanging open.   Get one for $40.00.

Britney Spears’ album has been shelved for now; fans are being told to wait until 2008.  Photos are still appearing of Britney seriously unclothed, and rumors continue of her heavy drinking. 

Do any of these three have any reputation left to damage under the law?

Under the law, a person’s reputation is something used as evidence.  It’s a definite thing — something that can be injured and thereafter awarded money as compensation for the harm — but what exactly does “reputation” mean? 

It’s character.  It’s the general opinion of others about the individual.  It’s proven by having people take the stand and give factual examples of the individual, subject to certain legal criteria.   

And, yep:  sometimes, a person’s reputation in an area can be so bad it can’t be harmed.  They’re considered libel-proof. 

Over a year ago, lawyers were debating whether or not Britney Spears was libel-proof.  And, that was before the K-Fed divorce.   Of course, recently Spears’ threat of a lawsuit did force the “NutJobs” billboards in LA to come down. 

In answer to the question, yes.  All three probably still have a reputation that can be legally protected.  However, it’s getting to be a closer call with each TMZ.COM posting. 

What is past debate is the fact that all three have seriously endangered their legal reputations with their various media antics over the past couple of years.  Remember when Britney was a cute, teen pop star?  Remember Lindsay in The Parent Trap?  

Injuring your own reputation isn’t legally compensated.  They can’t sue themselves for screwing up their public personas.  If they could, they’ve have quite a good case.

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.�

And, you’ve probably chuckled at last week’s photos of Paris Hilton carrying a Bible and the book The Power of Now.  

Paris is already going to jail.  

From reports that Lindsay’s lawyer escorted her back to rehab admist rumors circulating that a “usuable amount” of cocaine had been found in Lindsay Lohan’s car as well as gossip that she’d been drinking over the holiday – well, it’s a big hint to criminal defense attorneys that Lindsay‘s attorneys are concerned about the possibility of jail time.  Lindsay‘s arrest on Saturday was for suspicion of driving under the influence,  what happens on the cocaine discovery is an open question right now. 

What does this mean to you?  Who’s in the worst position right now – Paris or Lindsay?

Short term, I’d say Paris Hilton.   She’s definitely going to jail – and soon.  Jail time is jail time: to stand inside a cell when those doors close is a Major Life Event.  For someone like Paris Hilton, well — it will be interesting to see if she is changed by the experience.

Long term, I say Lindsay Lohan.  Sure, she’s tucked away in rehab right now for 30 days.  However, additional charges can still be brought against her: first, it was a crime to leave the scene of an accident, although her defense is she had to leave to get emergency medical treatment.  Second, the cocaine possession issue hinges on the amount that was found.  If it’s found to be a “sellable” amount, it’s more serious than a smaller “usable” amount.  Third, her Blood Alcohol Content will be found in the medical records.  If opiates as well as illegal alcohol limits are shown, she could face more charges.

However, Lindsay Lohan has no prior convictions; she has voluntarily entered rehab; and no one got hurt in the accident – expect for the pole and some landscaping, maybe.   Even if additional charges are filed, Lindsay will probably not face jail time on this event. 

Her biggest long term harm is probably to her career.  Her insurability as a reliable actress has been ruined, and she will have to prove herself in the future in order to get that back.

Bottom line:  Paris will have to spend time in jail.  That’s horrible for anyone.  But Lindsay’s career has blown up – and that’s a tremendous loss. 

What does this mean to you?  You don’t have to have repeat DUIs or severe car accidents to have a big, bad impact on your life.  A single DUI or DWI conviction can not only impact your pocketbook (rates skyrocket), but it can impact your job, your relationships, and your future for a long, long time.�

It’s safe to assume that anyone reading this post knows MySpace.  For those few grandmas and coma victims who don’t, MySpace (in 25 words or less) is a social-networking web site – ”a place for friends” — where you can share blogs, pix, music, videos, and personal info with anyone, anywhere in the world.  MySpace is the 5th most popular website of all sites, regardless of language.  And, it’s growing: every day the site gets bigger.

For example, the buzz is that later today, Mark Burnett (the Survivor guy) will announce a new reality TV/Internet collaboration, where anyone wishing to run for president in 2008 can post a video on MySpace.  Anyone.  Of course, the 100,000,000+ MySpace users can then discuss the video candidates amongst themselves, and all of this criss-crosses into the reality series.

Sounds like a great use of the web, right?  Just like the news stories of people seeking to adopt babies via MySpace,  or MySpace’s Are You The Next John Woo?  contest.   Before you say yes, let’s check with Paris Hilton, Lindsay Lohan, and some guy in Chattanooga. 

This morning, Paris Hilton and Lindsay Lohan are dealing with having their personal contact info posted on MySpace by Shanna Moakler.  This doesn’t just happen to famous folk: a Tennessee man wishing to remain anonymous reported to police that a fake MySpace page was created in his name, with all his personal info listed on it.  Whoever did this also sent some nasty messages to several of this guy’s female friends.  Imagine the clean-up there.

In Pennsylvania, a high school principal is suing several students who set up a fake MySpace page in his name.  Over in Minnesota, a high school teacher is suing for defamation based upon a fake MySpace page.  An assistant principal in Texas is also suing for defamation because of a phoney MySpace page.  The list goes on.

So, what does this mean to you?  Well, if you are a victim of false information placed upon the web, either on a MySpace page or elsewhere, you may have a legal cause of action.  You may be able to sue the person responsible for significant damages.   For Paris Hilton and Lindsay Lohan, releasing their personal, private information is an invasion of privacy and may even constitute theft, tortious interference, and other serious civil wrongs.   However, it does not appear that Ms. Moakler published false information about them, so they cannot allege she has defamed them.

The school authorities can.  The principal, ass’t principal, and teachers have all had false information placed upon one of the most popular websites in the world.   Their lawsuits are valid, and their likelihood of success, high.   Why?

As shown at Wex, defamation is “[a]ny statement, whether written or oral, that injures a third party’s reputation. See, e.g. Buckley v. Fitzsimmons, 509 U.S. 259 (1993).”  For the school folk, the defamation involves libel.  Again, from Wex:  libel is “[f]alse words, which damage another person’s reputation or good character and are conveyed in a lasting manner, especially writing. See e.g. New York Times Co. v. Sullivan, 376 U.S. 254 (1964).”

Publication on MySpace sure sounds like conveying something in a lasting manner to me.

If you have any questions about what the propriety of MySpace content, or about defamation in general, please feel free to contact me. �

Lindsay Lohan’s dad just got released from prison after serving 2 years for Driving Under the Influence (DUI). Paris Hilton is facing jail time, too — last week, she was pulled over for driving her Bentley at night without the headlights on and while her driver’s license was suspended. Now, Paris may have to spend 90 days in a minimum security facility.

So what is BAC exactly?

Legal intoxication in all 50 states, as well as the District of Columbia and Puerto Rico, means having a blood alcohol concentration (“BAC”) of 0.08% or greater. Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Impaired (DWI) – states use different terms for the same thing: it’s drunk driving – and that’s defined by BAC.

BACs are sneaky. You may not feel drunk, and your BAC will hold that you are.

That old folk tale is true: some people do “hold their liquor” better: things like body weight, gender, and body fat percentage impact how a body tolerates alcohol. So do genetics and habitual alcohol consumption.

Paris Hilton is female, thin, with an obviously low body fat percentage – she probably doesn’t need more than one or two drinks to get a high BAC.

When should you contact a lawyer about a DUI arrest? Whenever you are arrested for driving under the influence, you should contact an attorney as soon as possible. Should you take the tests, if you’re pulled over — the field sobriety test (walk a straight line), or the breath tests? Most attorneys advise that you decline.

If you have any questions or comments, please feel free to contact me at info@bloomlegal.com. And, party smart out there.�