TAKING THEIR TIME GOING TO PRISON DARIO HERRERA Date of conviction: May 5, 2006 Sentence started: Jan. 12 MARY KINCAID-CHAUNCEY Date of conviction: May 5, 2006 Sentence started: Jan. 12 RICK RIZZOLO Pleaded guilty: May 31, 2006 Must report to prison by: May 22 VINCENT FARACI Pleaded guilty: May 31, 2006 Must report to prison by: July 1

Convicted former Clark County Commissioners Mary Kincaid-Chauncey and Dario Herrera were handed multi-year prison sentences in August, but a delay in justice allowed them to spend time with their families over the holiday season.

They were not required to turn themselves in to federal prison until mid-January, nearly five months after they learned of their terms.

Crazy Horse Too owner Rick Rizzolo received a yearlong sentence last month after pleading guilty to evading taxes. But Rizzolo won't be staring at prison walls until May, after a judge allowed him extra time to sell his multimillion-dollar topless club.

Rizzolo's associate, reputed mobster Vincent Faraci, was given a six-month sentence for not paying income taxes. After describing to the judge his commitment to his children, his sentence was put off until midsummer.

Are high-profile white-collar criminals given special consideration by the judicial system?

According to the judges who levied the sentences and set the surrender deadlines, they're not.

The judges say they determine when it is appropriate for defendants to turn themselves in based on whether they are flight risks, recommendations by defense attorneys and whether the government objects to those recommendations.

Chief U.S. District Judge Philip Pro said he allowed Rizzolo time to sell his club because that was part of his plea agreement with the government. Rizzolo is required to use the proceeds of the club to pay a $10 million settlement to the family of a tourist paralyzed after he was beaten by employees.

"There are contracts to be signed and paperwork to be signed," Pro said. "In this case, it's easier to do it while he's out rather than track him down when he's in."

Pro said the Bureau of Prisons typically needs 60 days to determine the prison facility to which the defendant will report. A lack of local jail space and money are reasons why white-collar criminals aren't handcuffed and promptly hauled off to jail.

White-collar criminals differ from convicts such as drug dealers, who already are in custody when their trial date arrives. Defendants taken into custody are jailed in Las Vegas or are transferred to Arizona while awaiting their permanent designation.

It is less expensive for the government to allow defendants to surrender, as it doesn't have to pay for costly transportation arrangements, Pro said.

Herrera and Kincaid-Chauncey, convicted of pocketing cash bribes from former strip club owner Michael Galardi in exchange for votes that benefited his businesses, were free for nearly five months after they were sentenced.

Their reprieve from prison spanned the holidays.

U.S. District Judge Larry Hicks, who presided over the political corruption case, defended the distant surrender date, saying both Herrera and Kincaid-Chauncey appeared at all the court hearings.

"With a defendant that always appeared for all court appearances and there have been no indications of past criminal history or problems, I normally allow time for them to surrender," Hicks said Friday. "Typically, those types of people have family issues and sometimes other matters."

He does not consider the five-month period special treatment.

"These cases attract attention, but I don't expect anyone has been treated differently than other defendants who share the same characteristics," Hicks said.

Shortly before Christmas, Herrera requested an additional month of freedom.

Herrera's company, which is building the $80 million Loft 5 condominiums on the Strip, submitted a letter claiming Herrera was "indispensable."

Hicks backed the government's opposition.

"Given the severity of the defendant's criminal offenses and a surrender date that was more than abundant to prepare for incarceration, the motion is denied," Hicks wrote.

Hicks said he typically grants defense attorneys' requests if there is no opposition from the government. With the exception of Herrera's request for an extension, the government did not oppose the surrender date in any of these cases.

Dan Bogden, the outgoing U.S. attorney for the District of Nevada, said he did not think the delay in reporting to prison was excessive.

"Right up from the point we arrested them they were not deemed to be a flight risk or a danger to the community," Bogden said. "They prolonged when they were going to meet their ultimate fate, and they have met their ultimate fate."

Regardless of the government's stance, Hicks said he questions the motive behind delaying a surrender date.

"I find myself wondering why these people want time to surrender anyway; they're just delaying the time when they get out," Hicks said.

U.S. District Judge Kent Dawson granted Faraci, a former Crazy Horse Too manager and known member of the Bonanno crime family, 157 days to surrender.

Faraci, who also pleaded guilty to evading taxes, told Dawson he wanted to postpone his sentence until his children are out of school. Being sent away immediately would have affected his custody arrangement with his ex-wife, Faraci said.

Dawson wouldn't comment on the matter, citing court policies.

Bill Dressel, who was a judge in Colorado for two decades and now is president of the National Judicial College in Reno, said the break between sentencing and the deadline to surrender should not be seen as an indication that a judge is downplaying the crime.

"We have different philosophies," Dressel said. "You can find judges who say sentencing means sentencing so you're leaving the court and starting your prison term. Others say they're going to pay the price and do the time so there is no problem with a little delay."