Queen Bee Behind Bars

Posted in Entertainment Law on July 20, 2010 by legallybrunettes

I hopped in the shower crusty-eyed trying to wake myself up for the day ahead. But over the calming sound of water pressure I could hear helicopters buzz outside. I live by the hospital so maybe there was a big accident… Could a diplomat or politician be in town? Or could it be an infamous LA high speed chase? As I left my apartment I looked up, squinted into the sun, and saw one of the choppers was “FOX NEWS”… WTF was going on?  I uploaded the LA Times on my Blackberry (after all I am part of the “I need it now” generation so I couldn’t wait until I got into work to look online) and the miniature black and white headline stared back at me. Lindsay Lohan Booked into Jail. DUH! How could I be such a drater! Of course a dead-beat-never-working celeb was causing the copter chaos above Beverly Hills Courthouse.

Lindsay Enters Beverly Hills Courthouse

Lindsay Lohan was sentenced to 90 days jail time for violating her probation for DUI and drug related charges. 90 days seems like a stiff sentence for the Hollywood party girl but Deputy Dist. Atty, Danette Meyers, who prosecuted Lohan, said the sentence was “was appropriate in this case.”

Some argue there is a double standard for celebrities – that they are given “special treatment”. On the other hand, many celebs (and their respective fans) argue that they are constantly under a microscope and are therefore treated more harshly by the criminal justice system than the average citizen. From a legal perspective Lohan’s sentence does not appear unreasonable but there are arguments on each side.

First, the facts. Lindsay’s sentence stems from violating her probation for 2 drunk driving arrests, another arrest for possession of a “white substance” and not attending alcohol education classes. In Los Angeles County if you violate your probation a judge can sentence you to the maximum jail time allowed for the original violation. According to California Vehicle Code Section 23152 (Driving Under the Influence) a second or third offense can get you up to 1 year in a county jail.

Looks like Lohan’s 90 day sentence is somewhat “cushy”, no? Plus, due to over crowding in California jails, Lindsay will most likely only serve 25% of her sentence. Lohan was also ordered to enter a 90 day rehab facility upon her release from jail – which many say is in her best interest (many of Lindsay’s friends have told tabloids they are afraid for her life).

On the other hand, fans of the Mean Girl (and other celebrities) argue that judges use popular public figures to “send a message” or “set an example” to the public – something like a sacrificial lamb argument.  This theory is quite difficult to prove considering many “normal” people are sentenced to shorter and lengthier jail times for violation of probation. Yet it seems like Lohan’s case might be one of these sacrificial situations when considering the prosecutor’s own words — Deputy Dist. Atty Meyers, who prosecuted Lindsay, said, “the message to the public is don’t drink and drive,” she said. “If you do drink and drive, and you’re punished for it, complete the programs.”

Lohan Fans outside Courthouse

Regardless, Lindsay will not be treated like every other prisoner so don’t get your panties in a bunch!  State guidelines for handling prisoners of notoriety explain that such prisoners must be kept away from the general jail population. Additionally, Nancy Lozano, an employee at the detention center, said the jailhouse went into lockdown when Lohan arrived. Lozano said she and other employees in the jail’s work release program were asked to leave early, and inmates were held in their cells without restroom privileges or recreation time.

Booking Shot at Lynwood

Now the question becomes will Lindsay Lohan re-emerge from her cell a reformed girl like Paris Hilton? Will she ever make a good movie again? Or will she come out of jail and rehab a bitter bitch? If she’s smart, she will sober up, read some scripts and have  a Britney-Spears-like-comeback.

Good luck Lindsay! And remember, prison food is full of carbs.

The legal buzz in Hollywood

Posted in Entertainment Law on July 19, 2010 by legallybrunettes

Could Mel Gibson Go to Jail? The entertainment industry is buzzing about Gibson’s leaked tapes with ex-girlfriend Oksana Grigorieva. There is no doubt they are vulgar but are they illegal? In order to be convicted of a crime the State must convince a jury, beyond a reasonable doubt, that Mel Gibson had the intent (proper mental state) to commit domestic abuse as well as committed the physical act. There are always 2 elements in a crime, the mental state –  mens rea – and the criminal act, the actus reus. If one of these two elements is lacking beyond a reasonable doubt Mel Gibson will not be prosecuted. As much as we’d all love to see Mel Gibson put away in jail, he’s much better off in rehab or a loony bin for treatment. He clearly needs help. If a physician finds him mentally ill or if he was intoxicated while being secretly taped (or even if he was intoxicated when he committed the crime – if he committed the crime) then proving intent will be nearly impossible.

It should be interesting to see if and how these tapes are admitted as evidence in either a potential domestic relations case or in the current custody case between the ex couple. Taping someone without their knowledge is usually an invasion of privacy but secret tapes are sometimes allowed in domestic abuse cases due to the private (behind closed doors) nature of the crime.  Because there are typically no witnesses to the crime there is a lack of evidence and proof making the tapes more appealing to a judge. The law is not clear cut. What is clear cut is the end of Mel Gibson’s career… the lethal weapon? His own mouth.

My nerdy love for Intellectual Property

Posted in Intellectual Property on July 14, 2010 by legallybrunettes

While spending my summer at Sony Network Entertainment International in Los Angeles as a Legal Intern working on content acquisition I have become even more interested in Intellectual Property Law. Most people have heard of Criminal Law, Torts, Contracts, Tax Law, Family Law… but IP is a quickly growing field (and in my opinion more relevant and exciting to our every day lives). If you download music, watch videos on YouTube, rent movies On Demand, notice the Coca-Cola cups Randy, Simon and Kara drink out of during American Idol, you have experienced Intellectual Property Law!

Even “I Kissed a Girl” is Intellectual Property

IP is often in the news because it is an interesting area of law that affects “normal people”‘s lives. Here is one article (via Dan Hyman – thinkyoucanwrite.blogspot.com ) that goes to show intellectual property touches society in every way —  Labels Take on Porn Biz in Copyright Law Suit .

Beauty & Brains

Posted in Uncategorized on April 28, 2009 by legallybrunettes

Society has a real problem. There is a general consensus in our country, if not the world, that beauty and brains do not mix. It is assumed that if you are blonde you must be crazy, wild and stupid (thanks to Jessica Simpson and Paris Hilton), if you are a red head you don’t really belong anywhere besides Ireland, and if you’re a brunette then you’re a smart, plain jane that loves to cook like Rachel Ray. We can thank popular culture for all these stereotypes. Even in the movie “Legally Blond”, when a ditzy sorority girl gets into Harvard Law to prove to her boyfriend that she is worthy of his love she is still treated like a stereotypical blond! The professor tries to sleep with her… She uses a hot pink mac laptop in lecture… She even wins the court case for a workout video trainer based on evidence that working out releases endorphins, endorphins make people happy, and happy people don’t murder. Great logic, humorous, sells lots of DVDs. That’s great and all but honestly does this help break the stereotypical mold of blondes or challenge the status quo that beauty and brains rarely coexist? I don’t think so.

Recently when I tell people I am going to law school they look at me like I’m crazy… well maybe I am crazy for wanting to go to law school, but they look at me with disdain and disbelief. I love to party, love boys, love drama, love hip-hop and rap, love driving fast cars, love shopping, love makeup. People see that superficial bullsh*t and not what’s beneath the surface. I love to learn, love to write, love to read, love to think, love to work hard, love to compete.

I am going to dedicate this first blog entry to a few other women who break this mold.

portman2Natalie Portman. Graduated from Harvard in 2003 and went to graduate school at Hebrew University in Jerusalem, Israel. She has guest lectured at Columbia University on terrorism and speaks English, Hebrew, French, Japanese, German and Arabic.

kudrow2Lisa Kudrow (Phoebe on Friends) received her B.S. in Biology from Vassar College and did research on neurological science and headaches for 8 years before breaking into the entertainment industry.

keys2Alicia Keys graduated from the Professional Performing Arts School in Manhattan at age 16 as Valedictorian and was offered a scholarship to Columbia University. She pursued her musical career instead.

connely2Jennifer Connely went to Yale and Stanford to get her Bachelors degree in English. She also speaks French and Italian.

realpalinSarah Palin… enough said.

SO –  Next time you meet an attractive girl do not assume that’s all she is. Do not assume that she is looking to get hitched, pop out babies and be a stay at home mom. Beautiful women can be smart, driven, and have high goals.

Beauty and Brains can be synonymous.