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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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151.

charles    

A name, not the connection but the drug source. This is the problem, make it public, stop it.

1467 days ago
152.

jaker    

@145 ... "the judge did nothing wrong"... Yes, the judge did something wrong. Somehow, the judge made it through law school and graduated without knowing or even worse not upholding the UNITED STATES CONSTITUTION.

1467 days ago
153.

steelie    

Good Day,

Found this little interesting nugget while surfing for legal precedant, from a California Bail Bonds company (I have no affiliation, being in Michigan)...

http://www.premierebailbonds.com/Charges/code-1203.html

Note the first part of the second paragraph, I quote:

"Often, when a person is arrested for a probation violation, they may not receive bail again. If the person has violated the trust of the court once, the court will determine that the person has a greater chance of violating the law again..."

If this is true and can pass the veracity test, it sure sounds like Elden Fox was well within his jurist responsibilities to send her to jail with no bond.

Steelie

1467 days ago
154.

#TeamLindsay    

Go Shawn Chapman Holley, FREE LINDSAY!

Mark my words Supervising Judge Schnegg will vacate Judge Fox's ruling and set bail. You don't refuse to set bail for misdomeaner alcohol offender who has failed a drug test and awaiting their VOP hearing. It's stupid and petty, and Judge Schnegg won't stand for it! :)

1467 days ago
155.

MP    

Let her rot!

1467 days ago
156.

Allrightythen    

Lindsay in jail is like a pecker in a vag, - & needs to stay in there as long as it takes.

1467 days ago
157.

sarah stannard    

Are you facing a felony probation violation? If so, it is still possible to stay out of prison.

When a defendant pleads guilty to a felony and is not sentenced to prison, he is usually placed on felony formal probation. That means he will have a probation officer and that he must comply with specific terms of probation. If the probation officer believes that he or she has violated the terms of his probation, the probation officer will ask that the felony warrant go out for the defendant’s arrest. In almost every county in California, the defendant is then arrested and held on a NO BAIL HOLD STATUS.

A “NO BAIL HOLD STATUS” means that the defendant will remain in custody for several weeks while the matter is investigated. The defendant will not be permitted to post bail while the probation violation matter is pending. In these cases it is extremely important to retain a skilled criminal defense attorney.

What many people do not realize is that to be found in violation of probation a probation violation hearing must take place. The District Attorney must present evidence to convince the judge by a “preponderance of the evidence” that a probation violation has in fact occurred. When you have an experienced criminal defense law firm on your side you can often defend a probation violation.

If you are found to have violated any term of your probation the judge has many options. The judge can send you to prison. The judge can “revoke” your probation and “reinstate” probation under new terms. Those “new terms” almost always includes the defendant being ordered to serve jail time and often the period of probation is extended. In the event you are found to be in violation of probation your lawyer must argue for the most minimal punishment possible.

In a recent case where Wallin and Klarich was representing a defendant on a felony probation violation he was facing three years in prison. However, our law firm aggressively defended our client. He was found NOT guilty for the violation of probation charge, was released from custody and his probation was terminated.

A felony probation violation is a very serious matter. It is extremely important you seek highly skilled criminal defense assistance if you find yourself facing a probation violation. Feel free to contact Wallin and Klarich for a free case evaluation. We can make the difference between jail and freedom.

1467 days ago
158.

rob    

#143
Suck on a gun and pull the trigger!

1467 days ago
159.

Radio DJ Dude     

Oh I totally called this! Next expect a secret in the midnight hour release while everyone is sleeping... this is all becoming way too predictable!

I hope that if I ever do something bad that calls for jail time, it's in LA so I know that I won't actually ever spend any time inside.

1467 days ago
160.

whatever    

She was on probation, she violated her freedom by failing the terms of her probation. It is different that being arrested and having a set bail schedule. Shawn is doing what she is suppose to do, what she is being paid to do. Defense attorney's don't care about 'the good of their client', they are paid to keep the client out of jail.

1467 days ago
161.

OldSkoolGuy    

She needs a good spanking on her bare bottom!

1467 days ago
162.

tonypepperoni    

I have to laugh at some of these bleeding heart comments. Lindsay not only violated her probation but has also been found guilty of other offences and has had parole. Let her do the drugs, she isn't hurting anybody else...say that to the people on the roads and sidewalks when she drives impaired. How about the people that she chased down on the PCH? A judge can refuse bail if the defendant has a prior record (parole) and has been deemed as a flight risk. Remember her not showing up to court on time and having the passport stolen. She'll be gone to some other country that doesn't extradite offenders back to the US. In jail because of celebrity status? Same crimes commited by everyday folk and they get there ass hauled in jail. Get real people who say that this is an injustice.

1467 days ago
163.

Joe Blow    

" Go Shawn Chapman Holley, FREE LINDSAY!

Mark my words Supervising Judge Schnegg will vacate Judge Fox's ruling and set bail. You don't refuse to set bail for misdomeaner alcohol offender who has failed a drug test and awaiting their VOP hearing. It's stupid and petty, and Judge Schnegg won't stand for it! :)

Posted at 5:42 PM on Sep 24, 2010 by #TeamLindsay"


Mark your words, Team Lindsay Enabler? Do you promise to leave this site forever, and please take Nicole Enabler with you, if this doesn't come true on Monday. Because it's not. You still don't get that Lie-ho is sitting in jail right now because of her parole violations, not because of any other misdemeanors. As the other dude that I quoted said, there is no bail release for parole violation. You're either twisting the facts to suit your own agenda, or you're just oblivious to them.

1467 days ago
164.

juliette    

@166
Hi Dina, checking up on the popularity poles for your daughter this evening?
Looks like the majority are glad shes in jail where she belongs
-still think your a shi**y mother
-not anything good bout the hubby either
So by the way, how`d your restraining order work out for you today?? Just wonderin

1467 days ago
165.

The Real Victim    

Tomorrow's Headline - LILO'S LAWYER IS OUTFOXED!

This one's for free, the next one you'll have to pay for...

1467 days ago
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