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

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

Comments

[jvm fan]

I am starting to wonder how much worse this woman's disfunction can get…This story is creeeeepy--just to see the havoc drugs and alcohol bring. There is a show called "Issues" that is going to have a special discussing new details of this case. They have new developments. Issues is on tonight.

[Steven M.]

"The case law is clear she is entitled to bail," said Lohan's attorney, Shawn Chapman Holley.
---------------------------
Mr. Holley - Not when it comes to contempt citations!!! The judge has discretion to incarcerate someone for up to thirty days, for contempt of court.

The only thing Lohan's entitled to is; an orange jumpsuit, "three hots" (meals) and a cot. This will allow your client to reflect upon her trangressions, not to society, but to the lack of respect to the Judicial Officer, sitting on the bench. Your client entered into a contract with the court and intentionally screwed-up.

She's had more chances (and more alibis), than Paris Hilton. My suggestion to you Mr. Holley, is that as her advocate, you get off your duff and treat her like a "Dutch Uncle." Tell the client to obey court orders or face the consequences of her actions, not make excuses to the press.

[Mytwocents]

'... Ms. Lohan is being treated like a drug addict on probation instead of a celebrity with a drug issue,' Jonas said.

Isn't it amazing how changing the wording of a description can look so different? Anyway, I am glad she has a tough judge who is on her behind... and as she is a 'drug addict on probation,' she should be in jail. The average person would be...

I do hope that she (and all addicts) get it together and stop wasting their very valuable lives.

[b]

This idiot could of avoided all this craziness if she just acknowledges that she is a drug addict and alcoholic.......and stop being in denial!!! It is very easy to be sober if you have the right tools and believe it or not, her life will be zillion times better....The Judge is doing her a favor and maybe she will finally get it!! BTW.........I thank the court system for giving me my life back............I am over 20 years sober and loving life........lindsay could too!!

[Jesus_First]

Maybe the prison minister's offer? Faith-based residential treatment will work if this young lady wants it. She has tried everything else. Why not now try Jesus??? I mean, what or who would it hurt?

[James Faulk]

This is the best thing for Lindsay in the end. She needs to keep getting stiffer and stiffer penalties until she realizes her life must change and that the law applies to her, just like everyone else.

[Bail]

He is right. She is entitled to bail. The reason most addicts go to jail is because they can't afford it. Should she be treated differently just because she can afford that bail? Since she hasn't gone to court yet on the alleged offense she is not guilty yet and has a right to that bail. After that she can go to jail.

[kgoddess]

Lindsay got what she deserved.

[Diane]

Oh, puh-leeze. She's had special treatment from day one. Was the attorney actually able to make this statement with a straight face?? This is why people hate lawyers.

[Mike]

Sure, hey she was given many more chances then the ordinary person. she should get a year. Her career is over. Nobody especially a parent is going to allow their kids to watch her

[Mike]

Hey anyone who knows Judge Fox, knows he is very defendant friendly..So don't use the excuse he did something wrong.

[mike peters]

It's the people she hangs out with and her environment that drags her down into this cesspoll of drugs. She absolutely needs new friends. Hollywood is actually fairly seedy and is certainly not the best place to reform! Jail is no solution for drugs, drugs are a medical problem, not a police problem. She should be made to take a college course in drug addiction so she understands the science behind it all. And she needs to stop seeing that Ronson person--there's a complex psychological interdependence factor there that is self-destructive.

[tornadoes28]

Lohan wasn't treated hard enough you pinhead lawyer.

[Turkish Yoghurt]

I would like everyone in the world to pray for Lindsay Lohan and to give her all the support she needs in order to make a full recovery.

[bob cuomo]

I understand that a lawyer will work hard and try anything (well, almost everything) to help his/her client...heck, it's what they're supposed to do. But Shawn Chapman Holley is dead wrong...this particular client was not entitled to bail. As this story states, under the terms of her probation, if Lohan missed a drug test or got a positive result, she could face 30 days in jail. Well, as we all saw, the judge opted to put her in jail. And in my opinion, he did the right thing.

[Sauce]

She Needs JESUS! Can I hear an AMEN!

[bb]

she was actually treated much harsher then the average "addict on probation". I work in recovery and everyday see multiple offenders with a real rap sheet not get taken into custody over a dirty test. there actually making a huge example out of her. so all the "lock her up" and getting "celebrity" status statements are rubbish. there actually throwing the book at her. and no bail? did she murder someone? she should be in treatment not a cell. rediculous of this judge to give her 30 days for a dirty test she owned up to. she is not on parole. but probation. she should be in treatment. just as the california voters of prop36 voted for and won. this judge is obviously power hungry and more concerned how the media portrays her.

[Heather]

The judge did what was right. Ms. Lohan is a danger to herself and to society. How many drunk driving incidences need to happen before she kills someone, and I think she has already skated by on her celebrity status. She should pay for her crime like anyone else would have to. It makes absolutely zero sense why her endangering people's lives is any different from a non-celeb doing the same thing.

[Crusader]

Please, Please, Please, stop dedicating so much talent on cheap news. LA Times your doing a fantastic job discovering problems such as the City of Bell. But things like cheap addicted druggies like this young kid (literally) Im not interested in her publicity nor interested in her struggle to keep her status as a celebrity. If anything where are the groups that protest these types of known addicts that are used for front page magazines that make poor examples for teens. Do you know there are countless people who would just love to see real news and read about it. This is the one piece some of us don't care for. SO PLEASE can you please give us readers real news. Please. Im pleading with you guys.

[Cat]

Reminds me of a song by the Rolling Stones "You can't always get what you what" POOR CHOICE of wording Shawn Chapman Holley the word "entitled" HELLO! thats what she has been living by a sense of entitlement, you should have used the words "possibly allowed" to have bail. Her lawyer is just as bad as the rest of them!!!

[snhi]

She was supposed to return home for Family Support-- Evidently she is Under Court order to stay in LA until she completes probation.

So she’s 3000 miles from her family, with anxiety and dependency sickness, and was not kept in the Rehab clinic for the time required!? Currently her only support is her LA "friends"

It defies common sense- unless the goal is the continued support of the Tabloid industry.

[Can't Believe You]

Her father is crazy saying she doesn't know right from wrong. Pleeeeease go and hide under the biggest rock you can find. As a father you are a failure, and your daughter's behavior is exactly the type that you would expect her to have.
Lindsay and Paris, need to realize that they aren't special, they are just drug addicts that have lots of money to buy drugs....enjoy your jail stay you pathetic little girl.

[Anonymous]

She is entitled to bail, but in LA we have too many judges like ITO on the OJ Simpson case who feel they are compelled to treat celebrities differenty, for good or for bad. Either way, it reflects poorly on the judges and their judgement.