A California appellate court rejected Polanski’s bid to dismiss his case earlier this week, but suggested ways the parties can resolve the matter. The court also noted the serious misconduct by the prosecutor and the judge dating back to the 1970’s case.

It is possible, of course, that some deal between Polanski’s lawyers and the Los Angeles D.A.’s office is reached short of Polanski’s extradition to the U.S. (the appellate court in fact suggested a possible way).  However, the D.A.’s office will wait to hear from the Swiss about extradition and will likely not offer any deal unless Polanski returns.  If the Swiss deny extradition, however, then a deal with a sentence in absentia is much more likely.

Now Tiger Woods may have his share of family and PR headaches to deal with in the coming weeks, but one thing that he wont have is much of  a legal headache.

As had been reported, Tiger will not face criminal charges stemming from the accident and disturbance at his home. The reason? He kept his mouth shut, plain and simple. Woods refused to speak to police about the incident (as is his right to do) and in the process eliminated the possibility of making any incriminating statements.  No one knows what exactly happened, but the story given doesn’t quite add up. However, this is not the point. If the police want to take a statement or conduct an interview in such a situation there is usually one reason: “they don’t have enough evidence to charge a crime and/or they want to extract a confession.”  Given this, nothing that Mr. Woods  said would have helped him, only hurt.

The inclination to make any statement to police or officials is often misguided. I see this not only with clients that come to me but also in high profile cases (Martha Stewart, Scooter Libby to name a few) where individuals are already represented by counsel.

In this instance, Mr. Woods likely received some good and prompt advice… and he made the right choice.

I have posted ad nauseum about the often incorrect perception that celebrities “get off” easy when accused of criminal wrongdoing. It is rather funny to be an advocate for a group that is quite capable of taking care of their own interests. However, more and more we are seeing a blatant double standard applied to celebrity wrong doing then that of the average citizen.  The bottom line is that the law should be blind to issues of race, gender, religion, status, and yes…celebrity.

More often than not, the public’s first introduction to a particular crime occurs when a celebrity is accused of improper conduct. Hearing of the violation and the maximum penalty for such an offense, the public cries foul if a celebrity is given probation or community service. The perception is: “wow…only a celebrity with money and fame could get off like that!”  For those of us that represent people daily for such violations, however, these supposedly lenient sentences are common and even likely for an average person.

Take Plaxico Burress.  He carries a handgun into a nightclub (inside his waistband and without a holster) and accidentally proceeds to shoot himself in the foot (no pun intended).  His gun is unregistered and his Florida concealed weapons permit has expired (not that it would make much difference).  Sentence: 2 years in prison. If one was an average person with no criminal record, no history of violence and no specific intent to do harm,  do you think they would face a two year prison term? Doubtful…

First, the fact the New York City passed an arcane gun law which provides a mandatory minimum 3 1/2 year prison term for an unregistered firearm is in and of itself absurd. Mind you, these are not otherwise illegal weapons. So the statute makes otherwise law abiding citizens automatic criminals if they forget, are unaware or  fail to register a firearm in New York.

Second, yes Burress did illegally carry a concealed weapon. But when was the last time you heard the Mayor of NYC sound off that the book must be thrown at an average person for such a criminal violation? Well, since a celebrity is involved Michael Bloomberg did just that. Besides, what business is it of the Mayor to advise or comment on criminal prosecutions? He isn’t the District Attorney, nor is he a judge. What he managed to do, however,  is send a message to the DA and the Judge as to what is expected. Hardly proper or fair.

The stupidity of Burress’ conduct is clear. His negligence is even clearer.  However, there is no intent (either alleged or offered) that his conduct was anything but accidental. In California for instance, carrying a concealed firearm is generally a misdemeanor. Someone who has no criminal record would likely receive probation and community service. Given similar facts as with the Burress case, perhaps a jail term….maybe.  But two years of Prison? No way.  Moreover,  what purpose does it serve to have Burress in prison for two years? Wouldn’t say a 6 month Jail sentence and hundreds of hours of community service better fit the crime?

Although it is crucial that our legal system protects the “little guy,” it is just as important to note when there is a severe swing of unfair, politically motivated and biased handling of cases related to any group. Burress is another example of a justice system,  that far to often… is anything but blind.

The Chris Brown/Rihanna incident is thus far playing out like a typical domestic violence case.  As i posted earlier , and as has been recently reported, there are now questions whether Rihanna will recant or cooperate with police. A common occurance in domestic violence cases. Moreover, a picture of what appears to be Rihanna was leaked by the LAPD and appears to show significant bruising and other marks.  Charges have not yet been filed against Brown.

Recently, I wrote about domestic violence in California – the myths, the consequences and the realities.

A new incident allegedly has Chris Brown beating superstar girlfriend Rihanna while they were on the way to the Grammys last weekend.  Interestingly, the case touches on some of the aspects I discussed last month. There is the celebrity factor–allegedly severe injuries–and although it is reported that Rihanna is cooperating with police, it remains to be seen whether she and Brown reconcile, likely leading her to recant altogether.

The case can progress in a few ways. Either a quick plea bargain is reached as a result of many factors, including overwhelming evidence. Or, there can be a circus like atmosphere and/or a lack of evidence that leads to a vigorous defense and the prosecution overplaying its hand.

It was reported that there was a witness to the incident.  Moreover, Rihanna allegedly suffered severe injuries for which a felony charge may be warranted. On the other hand, the DA’s office is requesting further investigation by the police before filing charges against Brown (something that is not uncommon in high profile cases, but may mean the evidence against him is weak).

As it stands now, Mr. Brown may have an uphill battle ahead of him. There is not much sympathy for domestic violence in Los Angeles, regardless of the troubled childhood Brown allegedly had. Coupled with his celebrity status, rightly or not, he will likely be made an example of. But high profile cases such as these often do not yield typical results. One would hope the legal system is not judged by these type of cases alone–often it seems that it is.

Learning that a celebrity engaged in dumb or illegal conduct is not much news these days.  The recent story about super athlete Michael Phelps is no exception.

For those who aren’t in the know, Phelps was photographed at party taking a hit of what appears to be a “bong” –allegedly containing marijuana. Phelps didn’t help himself by making statements that can be used against him. But the mere fact that the Richland County (S.C) Sheriff is contemplating filing charges against Phelps raises a host of questions in and of itself.

Now, lets set aside issues of proof. Lets even set aside the issue of resources and the wisdom of investigating Mr. Phelps. Would the same sheriff consider investigating the case if your average citizen walked in with a similar photo of another average Joe.  Not a difficult one to answer…the police would laugh him out of the station.

Whether this type of prosecution is merely a publicity stunt by local law enforcement and prosecutors, or whether they truly believe they are making a statement, it demonstrates that contrary to popular belief, celebrities are sometimes treated unfairly by the legal system compared to your average person.

Not too long ago, Paris Hilton found herself in a similar position. In a case where an average person would have served a few days of jail at best, she served forty days based on nothing more than being a high profile celebrity.  In her case, the judge actually ordered her back to jail after the sherriff released her pursuant to guidelines governing all other inmates. If Phelps is actually charged, it will be another example of such treatment. Something we should consider before saying  how easily celebrities “beat the system” with their fame, money and power.