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Lindsay Lohan could be back in jail after hearing

 

Lindsay Lohan managed to spend only a few hours in jail Friday after failing a drug test, but experts said her legal troubles are far from over.

Superior Court Judge Elden Fox was overruled in his effort to send Lohan to jail for at least 30 days, but it's possible he will place her behind bars after a hearing Oct. 22 about her latest probation violation.

"Judge Fox will be motivated to make a real impact on Ms. Lohan at the sentencing on the probation violation," said veteran defense attorney Glen Jonas. "Lohan admitted to the violation in the public forum, so she is at the mercy of the court. Now Lohan is free ... free to violate her bail conditions, free to pick up another criminal case and free to escape the warm embrace of sobriety."

Jonas predicted that had Lohan done the jail time, Fox would have been inclined to set her free at the Oct. 22 hearing -- particularly if she behaved well in jail.

"Judge Fox signaled loud and clear that he intended to give Lohan a sentence of 'time served' at the next hearing. Judge Fox was taking a stern but measured approach," he said.

Fox ordered Lohan jailed without bail until the hearing on whether the actress 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 on both occasions, she served less time than ordered because of overcrowding at the women's jail. Most female inmates serve a quarter of their sentence.

Lohan's attorney, Shawn Chapman Holley, challenged the legality of holding her client without bail based on a probation violation for a misdemeanor, and on Friday afternoon another judge granted the actress $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 hearing date to cover 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.

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. She was whisked out of a back door and driven to an undisclosed location.

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.

-- Richard Winton

Photo: Lindsay Lohan. Credit: Al Seib / Los Angeles Times

 

 
Comments () | Archives (23)

She doesn't pose a threat to society? How many people are killed each year by drunk drivers???

Why all those producers holding her legs though she wants her break, she had enough, please also there are thousands of enormous beautiful talents crying for break, give them chance.

She needs to have a sit down with Robert Downey Jr and have a nice long chat, because she will not change until she wants to change.

This woman, she not a girl anymore. Lindsey will never learn her lessons, and she is a danger if she drinks and drives or is on her drug of choice. This is wrong if it was an ordinary citizin, we would get more jail time, especially with all the things she continues to violate.

News Item: "Chrysler auto factory workers observed by FOX -NEWS over a period of weeks drinking beer and smoking marijuana during their lunch breaks."
So these factory workers in Detroit, Michigan that assemble the cars into which we place our families while under the influence of drugs and Chrysler has NO random drug testing program to catch and fire them? These are good paying jobs that millions of unemployed people would love to have and those that have them care more for a cheap high than putting their employment in jeopardy. To say nothing of the fact that it was our tax dollars that saved Chrysler.
This is a clear example of the prevailing wind in this country towards the recreational use of drugs that has caused thousands of death south of the border. If these factory workers can return to work under the influence of marijuana and successfully fake sobriety how many other Americans are doing the same thing? Airline pilots, doctors, dentists, lawyers, teachers, professors, accountants, pharmacists, etc. etc. etc. all of these and many many more must be doing what the factory workers did to make the cartels so rich and powerful with The US green back.

She needs to leave LA and the business. She needs to go up to northern Vermont and open a little coffee and cake house with her sister. Years from now she can write a book called 'Go Ask Lindsay'. Boo-Yaa.

This whole situation is disgusting. She needs to be treated like anyone else in a situation like this. She should be given favors because she's a celebrity. She will never get help if people keep enabling her. I will remember the name Judge Fox when it comes voting time again. He won't be receiving my vote.

Lindsey Lohan needs to serve her time just like any other citizen who breaks the law. I am so sick of her skating on the punishments for these failed tests she takes, and driving under the influence. Have her serve her 30 or 60 or 90 days in jail and put her into a rehab program where she cant get out for a year!!! Maybe then she will straighten up!!!

WHO CARES!!!!!!! There are children starving, men and women dying for our country, the list goes on.....! People in our area are starting a movement to turn the stations when they talk about her or paris or anything else worthless as well as not buy newspapers or magazine about it. No it won't make a difference but at least we can live in our own little world and pretend this country cares more about its soldiers than a drugged up spoiled nothing who has made no contribution to this world as of yet.

Is this even news worthy really?

is anyone else tired of celebs getting away with murder....and drugs and drunk driving and every other crime. im disgusted at their actions and not having to pay for it. any regular person would be PUNISHED. the judges are rediculous allowing this crap to continue. they preach you better do this or you will serve all the time, then NOTHING. do you really think things will change. NOT and shame on the parents. lindsay, miley shame on you. bad parents

Lindsay Lohan, 24, is all over the news because she's a celebrity drug addict. Justin Allen 23, Brett Linley 29, Matthew Weikert 29, Justus Bartett 27, Dave Santos 21, Chase Stanley 21, Jesse Reed 26, Matthew Johnson 21, Zachary Fisher 24, Brandon King 23, Christopher Goeke 23, and Sheldon Tate 27, are all Marines that...... gave their lives this week. No media mention at all for them. Honor THEM by reposting.

Please dont go to jail again! :(

Poor sniveling party girl Lindsay - she has a drug and alcohol problem!!! NO KIDDING???? How many people with drug and alcohol problems gets chance after chance after chance. How many times has she been in rehab? Hope it doesn't take her killing someone for it to actually take affect. There are a lot of talented actors waiting in the wings to take her place. Give one of them a chance - after all, Lindsay doesn't care about her career or she wouldn't go out partying right after getting out of rehab!!!!!!!!

Is she was an unknown, black or hispanic she will stil be in jail from the first probation offense. Does it not say in our Constitution that criminals will be proscuted equally? She will not stop drinking and drugging until a lesson can be learned. Put her in jail for 6 months to a year-lesson learned.

I thought the summer reruns were over!

Lindsay should go to college and study law. She will be an excellent defense lawyer because, even as a drug addict, she managed to mock our judicial system. Imagine if she is sober and educated?!

I got a dui a few years back. No criminal history, no accident involved and was pulled over for a tail light being out. Served 45 days in Harris county jail in Houston, then 10.5 months probation with 50 hours community service. How many chances are these talentless, arrogant lawbreakers think they're entitled to?

I received my second DUI in 4 years this year. I had to serve 30 days in jail, and have a suspended license. I have been in AA for 6 months and alocohol free at this time. Why should someone with all she's been charged with be able to keep getting away with it just because she has money and is an actress?

Vickster523 - You totally went off on the wrong judge. Judge Fox is the judge that remanded her to jail immediately until the October 22 hearing. He DID the right thing. He was overruled later that day by another judge who decided in his infinite wisdom that the little druggie should be let out to roam free. Right idea => don't vote for those candy-ass judges, but wrong judge. Her idiotic defense attorney feels she's just a poor, misunderstood little waif who life is being unfair to. If Ms. Chapman had a brain in her head, she should at least have the honesty to acknowledge that Lindsay has played the system successfully, and should because, after all, this is Hollywood. Ms. Chapman BELIEVES in the double standard as do MANY judges. Ms. Chapman also knows damn well that if it were any of us, we'd be doing HUGE jail time, years of probation, and community service. She and Ms. Lohan's idiot Mother are two of a kind. It has been mentioned in another article that she may be assigned a conservator (I do NOT believe that). IF by chance they do, her mom and dad should be the VERY last ones chosen. They both have ulterior motives - she's a "cash cow" to her Mom and free publicity to her Dad. In all fairness to Lindsay however, with parents like the ones she was cursed with, she didn't stand a chance of being anything but totally screwed up. Her sister Ali is next - God help her.

LOHAN!! To the Judge that sentenced her in the first place. Have you ever heard of a suspended sentence? Then when she violates, which she will,look at her track record. She does the full time Daa! Wise up,the only thing that might help this WOMAN, not celeb, Is jail. Stop the celeb. easy way out.

Who in the heck let Lohan out this time? What's wrong with you people? Doesn't Ca. have a 3 strike rule and isn't she just about out of strikes? If you don't have money or a big name you get the slamer, if you are a big star, money ( but they say she is broke) you can go on your merry way. Why isn't every body treated the same?

Actually there are a lot of people who are using drugs not only our celebrities. If I'm the judge I will get to free all the users and I would convince them all to help and coordinate our government to stop those modos to crackdown the pusher or the drug seller.


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