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Lindsay Lohan was treated too harshly and 'is entitled to bail,' her attorney says

September 24, 2010 | 11:11 am
A Beverly Hills judge was too harsh on actress Lindsay Lohan when he sent her back to jail without bail after she failed a drug test, her attorney said.

"The case law is clear she is entitled to bail," said Lohan's attorney, Shawn Chapman Holley.

During a brief hearing, Judge Elden Fox said he had issued a bench warrant for Lohan based on a probation report "indicating a positive test for a controlled substance."

Fox said he needed further information from probation officials on Lohan's condition before a revocation hearing could be held. He then ordered Lohan into custody without bail and set an Oct. 22 court date.

Other disagree with Chapman. Veteran defense attorney Glen Jonas said Lohan got the treatment that a lot of repeat violators get when the judge wants to get their attention.

"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.

Under the terms of her probation, if Lohan missed a drug test or got a positive result, she could face 30 days in jail. But it was ultimately the decision of the judge whether to send Lohan to jail or try another round of drug treatment.

Lohan was ordered back to court after failing a drug test last week, a month after being released from jail for violating her parole in a drunk driving case.

Her legal woes date back to 2007, when she was arrested twice over a three-month period for driving under the influence. She ultimately pleaded no contest and agreed to attend alcohol education classes.

-- Richard Winton in Beverly Hills

Top photo: Lindsay Lohan arrives at the Beverly Hills courthouse. Credit: Al Seib / Los Angeles Times Bottom photo: Lohan's mug shot. Credit: L.A. County Sheriff's Department