Did the LA Sheriff Dept have the legal right to let Nicole Ritchie out of jail after 82 minutes of jail time? I know when they let Paris Hilton out of jail the judge made her go back and do her time. How can the Sheriff let them out of jail legally? Doesn't only a judge have the right to make that decision?
2007-08-27 06:53:31 · 12 answers · asked by musicpanther67 5 in Politics & Government ➔ Law Enforcement & Police
The Sheriff decides on how to enforce policy within the law. He can decide on whether to give someone good/bad time depending on their crime and how they act in the jail. He also has to adhere to overcrowding edicts as set by the district courts. This is why he has the right, in some cases, to let some less critical offenders out on early release.
What Baca did was illegal because judge had specifically ordered him not to allow Paris out early. I would have held Baca in contempt and had him thrown in his own jail.
2007-08-27 07:00:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes. Based on the inmate population and the impact on the jail, the Sheriff can decide to release people early (provided that they are not convicted of a violent crime). It happens all the time out here since our jails are so overcrowded. They SAY that she was treated like any other citizen, but in reality a citizen with no priors and a decent attorney might spend a couple days in before being released.
A judge can order somebody back to prison and hold the sheriff in contempt of court if they violate the judge's order without a seriously compelling reason.
2007-08-27 06:59:40 · answer #2 · answered by Anonymous · 1⤊ 0⤋
the sheriff can release a lower priority prisoner in order to house a higher priority prisoner such as a felon or somebody with felony charges. the thing with Paris though, is the judge specifically ordered no house arrest, jail time only. did Nicole Ritchie get preferable treatment? Probably, but she might have been cut loose because the space was needed for someone more dangerous to the public.
2007-08-27 09:47:17 · answer #3 · answered by bad_andy16012 2 · 0⤊ 0⤋
The way I understand it, the sheriff is paid to have the final say over his, (or her) jail. What the judge says when the final decision is made is secondary to that of the sheriff.
That may differ in different areas, or I may be totally wrong, but if I am, then why does the sheriff have anything to do with the jail at all?
2007-08-27 06:58:42 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Depends, if a person is placed into the jail for pretrial confinement, he could release the person, if certain conditions are met. The one part of the story that isn't being talked about when it comes to Hilton is that Jails have certain mandates about max occupancy. When they reach a certain number of inmates, they cannot accept anymore. So at that point, they need to make room for violent offenders such as rapist, murderers, and robbers. The only way to do this is release non-violent misdemeanor inmates, such as Paris.
2007-08-27 10:27:22 · answer #5 · answered by joseph b 6 · 0⤊ 0⤋
"At this time, the criteria for a female arrestee sentenced to 30 days or less for a non-violent offense is as follows: the arrestee is booked, screened and usually released within 12 hours," sheriff's sergeant John Hocking said.
"This procedure is based on jail overcrowding to manage population levels mandated by federal court guidelines. Based on the mandated guidelines and Miss Richie's 96-hours sentence, she will be treated in the same manner as other inmates with a similar sentence."
If the jail is overcrowded...that opens the county for federal lawsuits. Lawsuit is won by plantiff and your tax dollars go towards buying a newer bigger jail.
2007-08-27 07:01:18 · answer #6 · answered by KC V ™ 7 · 1⤊ 0⤋
The Sheriff does have some authority in California, and the judge who recalled his decision in the Paris Hilton case might have overstepped his bounds.
2007-08-27 06:58:20 · answer #7 · answered by Beardog 7 · 0⤊ 2⤋
Was it promises of dates and cash or just dates?
Is the Sheriff charmed by Paris "flashlight eyes" on a green tinted background?
2007-08-27 06:59:48 · answer #8 · answered by acct10132002 4 · 0⤊ 0⤋
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2016-10-09 08:14:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
He did not, and the judge who reviewed the matter so stated in no uncertain terms.
2007-08-27 06:56:59 · answer #10 · answered by Anonymous · 1⤊ 0⤋