Is Paris Hilton Really Going to Jail?

ABC News Legal Experts Weigh In

ByABC News
February 9, 2009, 7:39 PM

May 7, 2007 — -- Is Paris Hilton really going to jail next month?

With access to the best legal minds money can buy and a penchant, almost a talent, for sidestepping the consequences of her actions (remember the sex tape?), it's not entirely clear that America will get to indulge in the delicious, coast-to-coast schadenfraude that could spring from tabloid pictures of America's favorite "heir-head'' in an orange prison jumpsuit.

ABC News' Law & Justice Unit talked to a group of California defense attorneys, who detailed a series of legal maneuvers that might -- just might -- keep Paris in her makeup and Manolos for the summer.

Hilton was sentenced to 45 days in jail last week, after her second probation violation on an alcohol-related driving charge. Her defense that she'd been misled by her publicist into believing her license was valid was rejected out of hand by Los Angeles Superior Court Judge Michael T. Sauer, who made a point to specify that Hilton would not be allowed any work furlough programs or any alternative "pay to stay" jails.

As news of the sentence spread, Hollywood predictably gasped.

The first casualty was the celebrity's long-suffering publicist Eliot Mintz, who was reportedly fired by Hilton over the weekend.

"To the extent that I have miscommunicated information I received from her attorneys, I am deeply and profoundly sorry,'' Mintz said in a statement. "I told her I assume personal responsibility for my part in this matter. Due to this misunderstanding, I am no longer representing Paris. For the record, I have nothing but love and respect for Paris and her family. "

Hilton still retains some legal options, though. She can appeal Sauer's ruling to the appellate division of the Superior Court, and she would be entitled to bail pending the appeal. That process could take up to a year, defense attorneys said.

As noted defense attorney Dana Cole told ABC News, Sauer is the longest-sitting judge on the Los Angeles Superior Court. "He could retire by the time this gets through the appeals process,'' Cole said.