sorry but you are legally incorrect.
For purposes of a Violation of Probation hearing the warning can and does come into play.
The fact she was driving at that time can be considered along with the second ticket.
This is similar to cases where a defendant on probation can be found innocent of a subsequent unrelated solicitation charge where the alleged prostitute is an undercover officer but then be convicted of violating probation due to the fact the probationary should not have been talking to prostitutes and the burden of proof to violate probation is waaaaaaaaaaaaaaaaaaaaay lower. Shockes the concience test.
In reality, if the judge had become aware of JUST the warning he could still have held a violation of probation hearing on that alone.
Probation means PROBATION.
Of course I am just speaking accademically since she was also chared with a substantive driving on suspended which triggered the core VOP.
PS Geraldo knows nothing about the law given his legal comments and posturing on this case.
I have experience in this area about probabtion violations but admittedly not for minor crimes in California.
In the Feds, at probation/parole violations, the judge doesn’t really review a question of guilt though he may if he wishes or is compelled but it’s not a trial.
He simply sentences according to the guidleines he must if the original crime was post-1987.
And it only includes the actual infraction for guilt....not allegations at that point.
At the original trial before prison or supervised release takes place, the judge using pre-trial investigators with DOJ who review everything including heresay and may use heresay beyond the charges to enhance the sentencing up to 6 points above the baseline for said offense....or downward if mitigating stuff is relevant. At higher levels these up or down departures are very serious...decades serious.
My beef with Hilton’s sentence is that it is way beyond the usual and that folks seem to take a perverse pleasure in seeing a silly brat taken down. I don’t. I would like to see Charles manson hang or Susan Atkins too but I get no pleasure in seeing this sobbing hysterical girl going to jail for a month and half.....especially for a mid level misdemeanor which no one else in her jurisdiction goes to jail for according to reports we have all seen on TV.
and I loathe preening judges...no decent Fed judge would ever hold a press conference about one of his cases...notorious or not....they are all business and deadly serious
I guess it’s a matter of perspective and mine is different.
Around midnight last night, I channel surfed the cable networks, trying to get the latest opinions about Paris. I didn’t see Geraldo or Shep, but I surfed into the Larry King show. I could only stand watching it for a few minutes.
One of his “experts” was Mark Geragos. Geragos said Paris’ sentence was excessive. I was hoping he would explain why he thought it was excessive, but the next thing he said was that he predicted she would be out on bail Monday morning.
I’m pretty sure “bail” has nothing to do with post-sentencing release. Maybe Geragos simply used the wrong word, but statements like this don’t give me much confidence in the typical “experts” put on the air.