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Lindsay Lohan's Lawyer

Files Appeal

9/24/2010 8:00 PM PDT BY TMZ STAFF

TMZ has learned ... Lindsay Lohan's lawyer, Shawn Chapman Holley, has just filed legal papers appealing Judge Elden Fox's ruling that Lindsay should be held without bail.

Lindsay Lohan Jail Appeal
Holley claims the judge must grant bail in such a case -- and is asking Judge Patricia Schnegg, Assistant Supervising Judge for the L.A. County Criminal Courts, to vacate Fox's ruling.

Unless the ruling is overturned, Lindsay could spend the next month in jail ... waiting for the next hearing.

Story developing ...

249 COMMENTS

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136.

janet    

Judge Fox cut and gave Lohan a break. This is Lohans 4th time of having a break cut for her. Judge Fox said very simply if Lohan violates the terms of her probation in any way she is going to jail.

What does Lohan do, violates her probation again with 2 dirty drug tests. Lohan went to jail.

Just because Judge Fox was a new Judge assigned to her case make no mistake he knows what Lohan has pulled in the past.

Judge Fox still gave her the benefit of the doubt with the above stipulations. Lohan did not comply and is in jail.

I'm guessing Judge Fox was expecting the Court of Appeals to come in play because they didn't like the ruleing. Let's see if he gets overturned. Don't know how long that will take for that ruleing.

Are they going for bail and ROR until the Court of Appeals makes a decision?

Lohan has not shown one ounce of appreciation or thanks for every break giving to her. Lohan does the slap on the wrist and does her partying all over again. So far she hasn't hurt or killed anyone.

1406 days ago
137.

InTheKnow    

@ Post # 76
SHE SHOULD NOT BE IN JAIL NOW! INSTEAD SHE SHOULD BE IN REHAB. JAIL WONT MAKE HER KICK HER BAD HABITS. BUT REHAB CAN!

Posted at 4:38 PM on Sep 24, 2010 by NONYA BIZ
-----------------------------------------------

You mean, just like how it helped her the other FOUR TIMES she's been to rehab?

1406 days ago
138.

Alan Carver    

All of this is for SHOW. Holly is basically cow-towing to Dina and or Michael on behalf of their daughter (ie MONEY COW). Unfortunately, I dare-say that since the courts are now done for the day, this matter will not be considered until Monday. So Lohan is staying put for this weekend until a formal decision is granted in this matter.

Will the Assistant Judge overrule this decision, highly unlikely. Judge Fox has made a ruling, the facts speak for themselves and bail does not have to be granted - it is NOT A RIGHT - it is a privilege based on the cir***stances to the case as a whole.

The mere fact that they are trying to appeal this decision is just another reason as to why she needs to stay in jail. She could be considered a flight risk, clearly a danger to herself since she is a chronic relapser, and cannot follow the simple rules of DO NOT USE ILLEGAL DRUGS OR SUBSTANCES! It took Lohan 22 days out of REHAB to test positive! The facts and the decision to hold her today were justified and again, this is just a formality to show Lohan that Chapman Holley is just doing her job.

For someone who thinks she is damn fine actress - damn good liar, she really thinks that she is above the law and a Judges orders. If you are dumb enough to delude yourself into thinking that 1. you are not going to get caught 2. Probably lie to the probation officer when the test shows that you have SOMETHING in your system 3. Not think that you aren't going to have a CONSEQUENCE for using within 22 days fresh out of rehab
You are not a damn good actress - you are just a damn good delusional!

1406 days ago
139.

stargazer    

What a joke. The judge did NOTHING wrong. This is what happens when you fail drug tests and are on probation. Her lawyer is a freaking moron! The judge does NOT have to grant her bail. This isn't even the first time she's violated her probation! I really hope the other judge doesn't cave in. She should be treated just like everyone else - she's been given more than enough chances to get her act together and she's already received enough special treatment. The best place for her is jail.

1406 days ago
140.

jaker    

People should learn the United States Constitution, but with our President, Senator's, and congressmen allowing foreigner's in our country so fast the lines have become blurred. Here is a novel idea, before becoming a United States citizen, or even better yet before graduating 3rd grade, every single person in America should have to write the entire constitution out by hand, including the original amendments.

1406 days ago
141.

Jackie Ferrante    

How many people, including her own parents are going to continue to give her a break. This is another Anna Nicole in the making. Wake up!!!!!!

1406 days ago
142.

InTheKnow    

JUDGE FOX (may someone you know or who works for you read this and all the other posts).....

T H A N K Y O U!

Hell, I don't even care if it's appealed and she gets out Monday. Point is, Judge Fox did what he said he'd do!!!! I am amazed and ecstatic!

1406 days ago
143.

InTheKnow    

Ok..actually I do care if she gets out Monday... I want her in jail the whole 30 days.

1406 days ago
144.

char    

Her lawyer is just another enabler making money off a sick girl.
Shame on her!

1406 days ago
145.

Pound Sand    

People must learn California-Criminal-Law B4 posting false statements.

Misdemeanors are guaranteed bail.

1) - Lohan has already been granted & released on bail with numerous conditions set for her Probation while out on bail.

2) - She violated one of her Probation conditions.

3) - Now she's charged with a Probation Violation.

4) - Probation Violations do not allow for bail.

GET IT NOW ??

Well said, finally! Thank you!!!

1406 days ago
146.

George    

I bet if one were to test mamma Lohan's hair for drugs, one would find that she is quite the drug user too.

1406 days ago
147.

ex IDOL fan    

Harvey's the most closeted, racist, uninformed idiot at TMZ. The shortest too! Come out of the closet Harvey before your dumb staff outs you!

1406 days ago
148.

Ernie    

One should stay in jail or prison until God is done with you. He saved Lohan's life ... how many times? She should be thankful she is not in a morgue or killed someone while joyriding around in her flashly sports cars while high on drugs. Think about that while you sit your ass in jail, young lady. THINK why you are there. That is what jail and prison is all about. YOUR ACTIONS. Let God have His way until you are done screwing with yourself.

1406 days ago
149.

jaker    

@139 No, actually most people do not get it. The reason most do not get it is because for the past 50-100 years what you have is "politician's" in America "re-inventing" the entire constitution to help themselves.

Not one single person in their right mind would say to anyone that they did not have the right to do to themself whatever it is they chose to do.

For those who would argue or comment, "oh, but she may kill someone." Let us ge this straight together. She has not killed anyone.

Furthermore, for those who would argue that this last stint was a danger to the public, let me ask you something, was she driving when she did the cocaine?

1406 days ago
150.

javaflash    

Now we know who tweeted that last weekend confession...

...so much for taking responsibilities and facing consequences.

I strongly believe Shawn is only on orders from Dina, who can't wait to make a Michael Jackson out of Lindsay. Stage mom all the way, no?

1406 days ago
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