Lo­han is ex­pected to be re­leased from county jail

She was or­dered held be­hind bars Fri­day on $300,000 bail for fail­ing a drug test.

Los Angeles Times - - Latextra - Richard Win­ton and An­drew Blankstein

A Bev­erly Hills judge on Fri­day thought he had found a novel way to get around the Los An­ge­les County jail sys­tem’s early-re­lease pol­icy with a rul­ing aimed at keep­ing Lind­say Lo­han be­hind bars for the next month.

But just hours af­ter the ac­tress was hand­cuffed and taken to a Lyn­wood jail, an­other judge in­ter­vened, is­su­ing an or­der that is ex­pected to pave the way for Lo­han’s free­dom this week­end.

At is­sue was Judge Elden Fox’s de­ci­sion to send Lo­han back to jail with­out bail af­ter she failed a court-or­dered drug test.

Lo­han’s at­tor­ney, Shawn Chap­man Hol­ley, com­plained that the judge was wrong to pro­hibit bail and filed an ap­peal. L.A. County Su­pe­rior Court Judge Pa­tri­cia M. Sch­negg agreed with Chap­man Hol­ley and set bail at $300,000.

Sev­eral le­gal ex­perts de­scribed Fox’s de­ci­sion to deny bail as highly un­usual,

Lo­han,

par­tic­u­larly on what they con­sid­ered a fairly mi­nor drug case.

“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.”

Oth­ers could not help but ap­plaud Fox for at­tempt­ing to en­act se­ri­ous pun­ish­ment for Lo­han af­ter she re­peat­edly de­fied the court. Vet­eran de­fense at­tor­ney Glen Jonas said the judge’s ac­tions ef­fec­tively sidestepped the early-re­lease process, which cov­ers in­mates sen­tenced to jail time but not 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.

Lo­han has twice been sen­tenced to jail time, but in both in­stances she got out early be­cause of over­crowd­ing in the county’s women’s jail in Lyn­wood.

In­stead of hand­ing down a sen­tence against Lo­han, Fox or­dered her jailed with­out bail un­til an Oct. 22 hear­ing on whether she should be jailed for drug use.

Fox wanted her to re­main in jail for 30 days un­til her hear­ing.

Be­cause of over­crowd­ing, women con­victed of crimes sim­i­lar to Lo­han’s tend to serve about 25% of their sen­tences. Fox said he post­poned a fi­nal de­ci­sion un­til Oc­to­ber be­cause he needed fur­ther in­for­ma­tion from pro­ba­tion of­fi­cials on Lo­han’s com­pli­ance be­fore a re­vo­ca­tion hear­ing could be held.

Lo­han showed lit­tle emo­tion but ap­peared stunned when the rul­ing came down.

The scene was in sharp con­trast with her pre­vi­ous court ap­pear­ance, when she made a tear­ful plea for le­niency be­fore Judge Mar­sha N. Revel that was cap­tured by cam­eras and beamed around the globe.

The ac­tress, best known for films in­clud­ing “Freaky Fri­day,” “The Par­ent Trap,” and “Mean Girls,” also made news when cam­eras cap­tured an ex­ple­tive-laden mes­sage on her fin­ger­nails.

Revel, who was as­signed the Lo­han case be­fore re­cus­ing her­self from it, sen­tenced Lo­han to 90 days in cus­tody in­clud­ing 30 days in the county jail.

Lo­han served less than one-third of her jail sen­tence and was re­leased from an in­pa­tient drug rehabilitation fa­cil­ity at Ron­ald Rea­gan UCLA Med­i­cal Cen­ter af­ter 23 days.

Then last week, Lo­han ad­mit­ted on her Twit­ter feed that she had failed a drug test, set­ting the stage for the hear­ing Fri­day be­fore Judge Fox.

Lo­han’s le­gal woes date back to 2007, when she was ar­rested twice over a three­month pe­riod for driv­ing un­der the in­flu­ence.

She pleaded no con­test and agreed to at­tend al­co­hol ed­u­ca­tion classes.

Al Seib

AC­TOR: A judge or­dered Lind­say Lo­han jailed, but late Fri­day an­other judge re­versed the or­der.

Al Seib

ME­DIA IN­TER­EST: Pho­tog­ra­phers line the street across from L.A. County Su­pe­rior Court in Bev­erly Hills af­ter Lind­say Lo­han ap­peared in court.

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