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Did Lindsay Lohan get special treatment? Some experts say yes, others say no


Lindsay Lohan's journey to jail Friday on a 30-day hold -- only to be released hours later -- has raised new questions about whether the actress is being treated differently than other inmates.

On Friday morning, Beverly Hills Judge Elden Fox ordered Lohan jailed without bail until a hearing Oct. 22 on whether Lohan should be incarcerated for using drugs in violation of her probation on a drunk-driving conviction. 

It also appeared to be an effective way to skirt Los Angeles County's early release policy and keep Lohan incarcerated for a month. The 24-year-old actress has twice received jail sentences but both times served less time than ordered because of overcrowding at the women's jail. Most female inmates serve a quarter of their sentence.

But Lohan's attorney, Shawn Chapman Holley, immediately challenged the legality of holding her client without bail based on a probation violation for a misdemeanor. On Friday afternoon, another judge granted Lohan $300,000 bail, and she was able to leave jail.

Attorney Mark Geragos said it was not unusual for a judge to deny bail on a probation violation and set a date for a hearing in the time it might take to serve a full jail sentence.

"More and more judges are doing this very thing to ensure the sheriff doesn't release the person early," Geragos said.

Veteran defense attorney Glen Jonas said the judge's actions effectively side-stepped the early-release process, which covers inmates sentenced to jail time but not to inmates awaiting sentencing.

"Judge Fox guaranteed Ms. Lohan will not receive early release by setting the hearing a month out with no bail. Judge Fox is fed up. Ms. Lohan is being treated like a drug addict on probation instead of a celebrity" with a drug issue, Jonas said.

But others said Fox was treating Lohan differently than other defendants.

"She neither presents a danger to the community nor is she a flight risk," said L.A. defense attorney Mike Cavalluzzi. "Those are the primary criteria for either denying bail or setting an appropriate amount of bail, especially given that this is a misdemeanor."

The star of "Freaky Friday" and "Mean Girls" was processed out of the Century Regional Detention Facility about 11:40 p.m. Friday after posting $300,000 bail. She was whisked out of a back door and driven to an undisclosed location.

But in posting bail, Lohan must agree to conditions including wearing a SCRAM alcohol and drug detection device, refraining from being in areas where alcohol or drugs are being consumed, and being subject to immediate search by law enforcement.

-- Andrew Blankstein and Richard Winton

Photo: Lindsay Lohan arrives at the Beverly Hills courthouse Friday. Credit: Al Seib / Los Angeles Times

Comments () | Archives (51)

Lindsay definitely got special treatment. The ordinary defendant would not have had to post $300,000 bond in this case.

As far as whether she should have been released at all, the law specifies that bail be provided in ALL misdemeanor cases. Remember, she wasn't convicted of a probation violation, merely suspected of one. Thus the judge erred. I'm sure he knew it, too, but he didn't want to become known as the guy who sprung Lindsay Lohan.

Yes, there are plenty of indigent suspects who don't make bail. That's because they can't afford a good lawyer, like Lindsay's attorney. Or, for that matter, myself.

If she drives while impaired, which she's shown a penchant to do, she IS a danger to others.

Shock Doctrine: we've been shocked and exhausted with the complete immersion of a race and class-based Fascist justice system. This is even true when you go to court for a simple traffic ticket. White folk are dismissed and all that remains is color.

What's the point of thre SCRAM? If she violates, she'll be out on bail anyway, right?

Lindsay you are awesome! Your are like a peanut butter and jelly sandwich without the crust!

Why should the taxpayers have to take on the burden of supporting her in jail? She's an addict, and like so many others obviously needs repeated stints in
rehab to overcome her addiction. An extended stay in a lock-down rehab
at her own expense seems the logical solution.

I am so TIRED of hearing anything about this spoiled woman. She should disappear from publicity for awhile, get some kind of manual labor job and see how the real world lives. If she were to harm anyone, or God-forbid, kill someone during her drunken, drug-crazed life, I could never watch her or support her career again.

We don't need to see or read any more about her wasted life. Let her clean up her act alone without publicity.

If she was black she would be still in Jail!!!!!!!

She is most definitely being treated differently.

Anyone else would have had to suck it up and wait.

Yes she did get spacial treatment because she is rich and when you break probation and go to jail you cannot get bailed out.....300.000 thousend dollars is big money....you never see a rich person in jail do you.!!!!!!money buys you justice along with the law in America.

Oh, yes, she did, she did received VIP treatment. What for another sucker would have been hard time, particularly after her Europe spiel, for her is a warning. The american justice sytem is so rottenly corrupt, money, political inflence, politica correctness always trump the idea of fairness and even application of the rule of law -
Heck, but why wonder - we have an MSM always out to bend the truth and issue new facets of reality, Gutierrez' son set for being freed in couple of years, with the 550 million dollars School center serving no one, with the Bell-8 racking in millions and millions, with the NY mayor working to inflict a mosque right by ground zero, with the Calif AG and governor preferring not to appear in the court to defend the law voted by Calif citizenry - hey, are you surprised? The new values are here, and as a justice system goes, I'm pretty sure that Nigeria fares ahead of us, integrity wise -
Complete meltdown - and this is just the beginning -

I wonder what the flashpoint will be when people finally get sick of the Fascist justice system?

could the LATimes please start an all-Lindsey-all-the-time blog, and slot the constant, fawning, reports on her shenanigans there?

This is really becoming tedious. why should we care about this second-rate actress anyway?

Are you surprised? Had she an anonymous black man with the same charge sheet, I think we all know the outcome. None of these judges or lawyers are doing this girl any favors. We all know where this story is heading, we have seen other drugged starlets crash headlong to an early grave. Is that why the press is so fascinated with her low-grade celebrity?

What a stupid question! Of course she did! Nothing like being a star!

I am just SOOO tired of this person and her hogging the news and will not
read any more about her. Short time in jail, short time in rehab and now
she is out. Lots of luck to the public with her drinking and driving.

Of course they have to let her out. How else to feed the media beast? Let's just ignore her inability to keep to any terms of probation and pretend she's not a danger to herself and others as a user.

No, in my opinion she did not receive special treatment..She had the benefit of having a paid lawyer. if she had a public defender and the judge said no bail, the public defender would have meekly walked away....

of course she didn't get special treatment.... the law is just like any other commodity: if you can afford it, you can have it. justice is for those who can afford it - PERIOD! Does she belong in jail? i think if you've been sentenced, received probation and violate it, then you lose your freedom. she's a drug addicted drunk. i think we can use the jail space for someone else and if not, then lock her up and make her pay for her stay. we just wanna hang her because of her celebrity. sadly enough, she's hanging herself just fine without any help. celebrity or not, she's still a human being and something is messing with her brain, thus her decision making progress.

It sure would be nice to see Fannie Mae & Freddie Mac/Bank of America get more shame on them publicity for not helping their customers with the bailout money they received! Policy was to help customers by offering the 30 percent of their income as a mortage payment. Where is that?

This is example of a person with money, can get away with breaking the law. This is girl is gonna end up dead. Someone needs to give her tough love. Her mom should be the one. Her mother will be crying at her daughters furneral. Look at Michael Jackson, Anna Nicole. If that were my kid, I would of done an invention with the whole family, put all feeling aside. Im gonna prey for her. She is a beatiful talented girl. I hope her father gets through to the family. He is the only one talking about helping her.

Will it take Lindsay Lohan killing an innocent citizen in another of her DUI offenses to keep her jailed? It would seem so.

The UCLA rehab is more like a spa for celebrities than a serious program that addresses addiction problems. If she ends up there in October for 30 days of massages and Jamba Juice cocktails, it will be yet another defeat.

Dear Lindsay....
Don't worry about it because I watched a rented movie called "Red Devil Spirit" in 1992... It is Devil of God Will or Demon of God Will... That is true. You have no choice bad or good path yes true... There is her will happens matter time....
God Prayer....
I like to meet her someday as I know we will....

Her media attention will be converted into a lifetime of wealth, it will result in Lindsey being rewarded millions for each day served. It had to be planned, no cop would arrest a celebrity for a DUI or simple drug possession. In the real world money talks and dead beats get arrested.

"She neither presents a danger to the community nor is she a flight risk," said L.A. defense attorney Mike Cavalluzzi. "Those are the primary criteria for either denying bail or setting an appropriate amount of bail, especially given that this is a misdemeanor."

What is if she get again drugged up, driving here Lamborghini under the influence and kill in a accident some innocent pedestrian? Sorry attorney Cavalluzzi, you are wrong. She is danger for the community.

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