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1 year, 8 months ago

Lindsay Lohan released from jail just hours after starting her 30 day sentence: Fair? Who cares? Discuss!

--quote--
Lindsay Lohan has been freed from jail, just hours after receiving a 30 jail sentence by Superior Court Judge Elden Fox. Lohan posted $30,000 bail and was released according to a Los Angeles County Sheriff's Department spokesperson. She is again ordered to wear an ankle alcohol monitoring device until her next court date on October 22
--end quote--

Is this fair? Would a normal person be able to get away with this, or is it just the "celebrity treatment"? Should we care about incidents like these, or should we just move on in the world? What's your stance on the Lindsay drama?
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buddawiggi's Avatar
buddawiggi | 1 year, 8 months ago
24
It is unfair not because she is a celebrity but because she needs help.

I am only worried for her health.
Lindsay is in a lot of danger. When an addict/alcoholic gets away with something like this they are now further convinced that they do not have a problem and that they are smarter than the law and the disease. This is a very fatal flaw in the addicts train of thought as they are not safe from or smarter than either in any way.

Lindsay Lohan is exhibiting the typical alcoholic/addictive behavior and allowing her to act on her own free will could easily cost her a lot more than 30K in bail money. Lindsay acting on her free will got her to this point. The time between when an addict/alcoholic knows they must face the music and when they actually DO face the music is absolutely the MOST dangerous time in that or any addict/alcoholics life.

So between now and October 22nd, 2010 will be a trying time for her. I thought the last time she was released from jail and the rehab "Wow did she pull one over on them, I hope she is okay and I am wrong about her" and that was reasonable.. I do not know LL... I only know what is reported about LL in the media so I gave her the benefit of the doubt... maybe she is just exhibiting problem behavior.. not addictive.

However I WAS wrong and she did go right back to the drugs and alcohol which was proven by her failing that test that got her in front of the judge yesterday in the first place. I can say with authority now that Lindsay Lohan is an addict/alcoholic and needs to be in treatment.. not just "out on bail"

Amongst the absolute must have tools in the recovery of an addict/alcoholic is for that addict/alcoholic to be removed from the environment where the friends, family, acquaintances, and whomever are that she was hanging around with during her using days. This is a must. Jail is a good place to do this.. not the best way but a successful way none the less.

She needs to have the desire to stop though and if she does not have that I would expect in a few years or less we will be reading another Brittaney Murphy type of "Guess what celebrity died today" story.

There are 3 and only 3 outcomes for this LL story.
1. Prison, Jail, or Institution.
2. Death
3. Recovery

The 30 day bid in county would have done her good.
Someone who loves her must step up here and help Lindsay help herself.
source(s):
I am an addict/alcoholic
I have a sponsor
I am a sponsor
Personal experience

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bklynjs's Avatar
bklynjs | 1 year, 8 months ago Report

Until she is sentenced she has the right to bail. No jail anywhere has a legal obligation to pursue someones addiction problem. A jail is punishment and their job is to house and feed you safely. The Judges control is the ankle bracelet. It is obviously the law of the land if her Lawyer got her out on bail before she is sentenced. He can then sentence her to a six month rehab which is what she really needs outside of the jail.
Maybe NH has some different systems then the rest of the Country but it sounds a bit rough. I have been to numerous jails in the Northeast in three States and have never had no long classification process in lockdown and drugs were available as soon as you entered. I was in the only maximum security jail in NJ and there was drugs in the jail. I was in one jail and we used to get half gallons of Bacardi in through the kitchen crew because the dumpster was outside the jail. My cellmate the first day in max was James Kadatich(spelling) who killed those nurses in NJ and killed a cellmate in Fl.. I threathened him and was transfered to my own private cell. We were only locked down at night and had free roam of the common area on a daily basis. I have watched people OD in jail shooting dope. So I don't know if NH is so tough or you just didn't assimilate enough to get the offer. But I can't believe that NH is the only jail without drugs.

buddawiggi's Avatar
buddawiggi | 1 year, 8 months ago Report

Her recent trip before a judge was for a failed legally mandated drug test.
That makes fixing her addiction part of the legal end of this. Many jurisdictions around the US now have considerable leverages for addicts and do recognize the courts role in stopping the illegal behavior caused by addiction.

By letting her out they have released her into the wild where she will repeat the same behavior again. That is unfair to Lindsay as she cannot control her behavior, she is an addict and it is unfair to the people as the courts have the obligation to stop people from breaking the rules it imposes on them, namely Lindsay Lohan the addict.

I do not know what kind of LA County cupcake jail they have out there but I have been to jail several times and here in NH, yes I said NH, and classification is a longer process than that. Both class and medical are 20/22 hour a day lock downs with medical being mostly solitary confinement.

I never saw drugs in over 300 total days county jail here in NH but did hear and continue to hear a lot of stories about drugs in state prison. "I did the 2 in state for domestic and came out with a habit" is a common tale.

I really do not see as I am confusing anything, she was told to not fail a drug test, she failed a drug test. That is illegal. Who in their right mind besides that specific judge would let an addict out on bail if they were put in jail for failing a drug test? Her addiction and her legal issues are 100% part of each other. Letting her out could be a death sentence for her or for someone else.. then we have a new factor to consider with what is fair.

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buddawiggi | 1 year, 8 months ago Report

I feel the legal decision to let her out of jail has put her life in jeopardy by allowing her access to her free will and that is how the the legal and the addiction are not just related here but intertwined so much so as to be completely part of each other and to have possibly failed completely in both areas.

It is a complete fallacy that one must "hit bottom" before they can or are willing to get help. Addiction is an elevator down, one can push the button, call that the bottom, and get off at any time.

I hear "buddawiggi, how will I know I've hit bottom?" a lot and I always say something like "just stop digging, thats your bottom"

County jail for 30 or 60 or 90 days would not allow likely her sufficient access to drugs while in jail. Many times an inmate will be held in classification for 3 to 6 weeks and inmates in classification are housed in their cells for 22 hours a day.

She should be placed in the medical protective custody classification for the disease of her addiction. In medical she would also be in her cell for 20+ hours a day and would be carefully monitored for detox symptoms possibly even provided additional nutritional supplements for the time she is there.

No access to people, no access to drugs. Jail might be crude but it is a purposefully effective method for removing her from the dangerous environment of her real life right now.

"Redmond O’Neal, the son of actors Ryan O’Neal and Farrah Fawcett, was arrested this morning on charges of trying to smuggle drugs into a county jail, adding to his long history of drug arrests." - http://lat.ms/bjoeHY

This Judge Tynan seems to get it ..
"It seems to me you haven't got a clue as to what recovery means," Judge Tynan lectured Redmond, who was nervously shaking his leg while wearing a blue L.A. County jail jumpsuit. "It's a lifetime commitment. It's grinding, hard, painful work." - http://bit.ly/9vgFN9

"It was unclear what prompted (Judge) Tynan to find O'Neal in violation of his probation," it is clear to me why the judge fund him in violation of his probation. The judge knows that with access to his free will O'Neal will go back to drugs and then likely die. Jail is better than street in this case. - http://huff.to/cY5NZa

"Meth, it's a hell of a drug" Lois Griffin

bklynjs's Avatar
bklynjs | 1 year, 8 months ago Report

Her addiction problem really has nothing to do with a legal decision until after she is found guilty and sentenced.
First she must want to stop and she must hit bottom maybe to do it but that takes longer when you have money.
Second jail is not such a good place to get away from it. There are just as much drugs in jail as anywhere else, they just cost nore in there. Remember Ryan O'Neil's(I think thats his last name) son when he was put away for dealing. He was then arrested again in jail for using.

buddawiggi's Avatar
buddawiggi | 1 year, 8 months ago Report

She might have the right to bail but the judge also has the right to not allow for bail. The judge simply did not feel she was a danger to herself or others. I can tell you addicts and alcoholics do not get bail for probation violations here in NH because the state, courts, and judges know we are a danger to ourselves and others.

We have over crowding here too and when the jail gets full the DOC extends the classification process until there has been made sufficient room in the jail to properly classify new inmates so one may stay in class indefinitely. That means 22 hours a day in lock down and if there are drugs in there classification the inmates do not see them.

There is no money in jail here, we have funded by the outside canteen, and what canteen an inmate has will be closely monitored and if an inmate is suspected to be trading goods bought thru the canteen then they are "lugged" and sent back to class for an unknown to the inmate period of time. I got lugged for 2 weeks for having an apple in my cell.

NH also takes probation and parole seriously and if one violates that one goes away. Its back to class and then D2 for the violator, right after the hearing, in the Sheriff van, we do not "report to jail" here, we just go.
- http://bit.ly/9wrzUB
- http://bit.ly/dqvpwl

I just do not feel it is fair to Lindsay to let her out to access her own free will as she and that access has gotten herself where she is today.

She need to be in treatment and if this was in NH she would do the time for the probation violation and then go directly to becoming a mandated "slip signer" where she would be attending AA, NA, etc daily until the state was satisfied LL was working the program and getting her slip signed. That status here can be a year (usually) and more (3/4 years) for repeat offenders and violation of that, meaning not getting the slip signed, would mean another violation of probation so the process begins again.

bklynjs's Avatar
bklynjs | 1 year, 8 months ago Report

There is no cash in any jail. But if you have drugs i want and I have my friend meet yours on the outside and pay for it or have someone put money in your canteen saying they are your friend the drugs get paid for.
NH sounds a bit harsh as I have never heard of a State having this type of control and to pass judgement on someone before sentencing seems like a violation of their Civil Rights. Maybe no one there has ever brought suit.
But by law she has the right to bail and when she gets probation again she could get a book to sign as part of her rehab but this will all be at sentencing.
I also think NH does not have the crime problems LA has and she is considered low on the list of societal problems in LA.

bklynjs's Avatar
bklynjs | 1 year, 8 months ago Report

You are confusing the legal system with the job of fixing her addiction. It is not the Jails job to cure her addiction but to house her safely and feed her. There are programs she can join of her own free will but the Jail will not force her to join any AA or NA meetings or go to Church. The legal system provides for her freedom through bail until she is found guilty. Innocent until proven guilty. Jail is not a treeatment center but a housing unit.
Next the classification system you mentioned for three to six weeks is in Prison not jail. The only classification in Jail is they check you for gang tattoos and house you accordingly within 72 hours. The only time you are housed in solitary is when you do something wrong as in going to the hole. You are then locked up 24 hours a day not 22. Again the SHU unit you speak of is in Prison not Jail.
And the only way she will be put into the Hospital unit is if she is DT'ing or going through major withdrawls. And the Hospital units in just about all jails are open dorms and the inmates who have jobs have access to these areas-changing sheets, etc.. This is the major highway system in Jails and Prisons with the inmates who can move around. Then she would be put into GenPop as soon as she passed this in a few days. Even if she said she was suicidal she would be put in a cell on suicide watch.
There are plenty of drugs in Jail and I'm sure you've heard the stories of the Guards even bringing them in.
She would have access to drugs two minutes after getting in with people as they know she has money.

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playmynrd | 1 year, 8 months ago
14
If you recall, in her last appearance in court Ms. Lohan's middle fingernail had "F*** U" manicured on it. Well, jeez, that was smart. Do you think that nationally televised, You-tubed stunt endeared her to the court?

I'm not so sure that she's actually getting preferential treatment when you take other factors into consideration, like jail overcrowding and the charge is a misdemeanor. Being held without bond until a court date in late October seems a bit harsh to me. A $300,000 bail was set, and she paid the $30,000 to get out. And there really isn't any fear that she would flee, all the police would have to do is go on Twitter and she'd be telling everyone where she is and what's she's doing. She wouldn't be able to stop herself.

After she's sentenced in October, it would be unfair if she served less than 1/4 of the sentence given, since that's usual amount of time served by others in similar situations.

I did find this quote from the defense attorney, Glen Jonas a little confusing, though:

~quote~
"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. (defense attorney)"~endquote~
http://latimesblogs.latimes.com/lanow/2010/09/did-lindsay-lohan-get-special-treatment-some-experts-say-yes-others-say-no.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+lanowblog+%28L.A.+Now%29

What?

" treated like a drug addict on probation instead of a celebrity with a drug issue?"

She IS a drug addict on probation. Who's side is he on? Does he think she should be treated differently than the other criminals?

My own opinion is to make this arrogant princess serve her 90 days and the person who's next in court's sentence, too. But, of course, that's just me.
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garyallen | 1 year, 8 months ago
15
OK. I have to say that I love the video. Props to the voiceover guy.

It is totally celebrity kid gloves. Apparently there's no such thing as "three strikes" for her.

Honestly, take your choice: Lindsay Lohan, Brad and Angelina, Jon & Kate..the list goes on.

What they do on a day-to-day basis has entirely no bearing on my life. Those are their problems. I have my own fish to fry. (You asked)

But to be fair, as a matter of legality, a judge set bail and she posted it. That she was stupid enough to violate her parole is her problem. Perhaps she needs someone like Supernanny Jo Frost to follow her around as i she were a kindergartner and say, "No, Lindsay, we're not going to drink that today. You need to listen to me. That's not for you. Come along, you need to sit in your naughty chair for five minutes....and Dina and Michael, you have got to stop enabling her..." (I didn't know Jo looked like the below shot until this image search for "supernanny.")

I've worked in Drug & Alcohol Education...do the crime, be ready to do the time.

At least we know she won't be going to Japan with Paris Hilton any time soon...
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eth | 1 year, 8 months ago
7
Who cares. She is a wash-up and should be treated as such.

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haleybree | 1 year, 8 months ago
2
I think she they just should keep her in jail, its like shes never going to learn! She's almost worst then paris hilton and brittney spears put together!!

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chriswingate | 1 year, 8 months ago
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Celebrities shouldn't get special treatment when they break the law no matter what. You do the crime, pay the time.

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bklynjs's Avatar
bklynjs | 1 year, 8 months ago
9
No it was not unfair and her addiction problem cannot be considered as part of the Law. Her Lawyer was right that this was an offense that required bail to be set. This is about legal precedent and her other problems do not set aside precedent. Until she is found guilty and is being sentenced she cannot be judged for anything. What if she pleads not guilty to the charges. The only thing they could have tried to do was say she was unsafe to herself and this would have required psyc tests and is lengthy.
The truth is it is not about celebrity it is about money. Giuliani once said when he was a Prosecutor-If you could afford me for a Lawyer you would never spend more then one day in jail. I think John Gotti proved this when he hired top Attorney Bruce Cutler. Even if in the end he lost.

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bklynjs | 1 year, 8 months ago Report

I never said it was fair I said it was unfair under the Law to hold her before sentencing. Obviously a Jurist that knows the Law agrees. She is wearing a SCRAM bracelet that will detect any alcohol use. And that is the meaning of a misdemenor-of less severity. She did not commit a premeditated murder she parties in clubs to much. Therefore she is afforded bail until sentencing. If you don't approve of the Law you can write to your Congressman and Senators to have it changed. But changing Constitutional Laws is very difficult.

As far as more drunks being on the road. Are you kidding do you have any idea how many drunks and drug addicts are on the road everyday. How many on a Friday and Saturday night. How many underage drinkers are out there? I don't think this one little girl has added to the problem. How about the legal pill poppers who are dazed from prescription meds. I don't think releasing her has solved overcrowding or the altered state people drive in enough to worry about as a statistic.
Were you this upset when they didn't even bring charges against Brett Farve after killing his best friend in a DUI accident?

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meyermv | 1 year, 8 months ago Report

Since it seems to be 'fair' to you, should everyone who has a history of drinking problem, and faces a judge with a misdemenor be able to get out of jail so easily? It would certainly solve to overcrowding, but allow for many more drunks to be out amongst the sober population, driving cars at 9 in the morning, with kids in their back seat. (Not a Lohan example).

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bklynjs | 1 year, 8 months ago Report

I have a friend of mine who owns a Ford dealership in NYC. A car came in completely totaled after wrapping around a phone pole. The driver was a 19 year old kid and was in serious condition. The Mother and Father came into the place and was yelling how cheaply the cars were made and there has to be a problem with the car and she wants it found and she is going to sue everyone as the car was just purchased. I was in the back with a friend of mine who was a mechanic there and we heard all this yelling up front. He went up front and asked the pair to come in the back to the shop where the car was. It was the first time they saw the car and were in horror. As she was still screaming my friend told her to come over to the car and showed her the case of beer in the back seat that was half empty. That shut her up and she never apoligized.

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meyermv | 1 year, 8 months ago Report

I guess it's a little bit difficult to determine fairness from "No it was not unfair", three negatives. :o)

I'm just picking on you. I also commented to be devils advocate. :o) I like doing that. :o)

Speaking of dangerous drivers, I work in a Dealership. I see many old, young and mentally disabled people who should not be driving. It makes me kind of scared to even be out in public, because one of these people may run into me or run me over.

I say old people because some of them can hardly see or hear. While checking them out for service, I have to basically yell for them to hear me - this scares me because they may or may not hear the sirens behind us. Then there are those who can't see where to sign or how much to total is - this scares me, because they will have a hard time looking for street signs and addresses.

Young people, because many of them text while they drive.

Also in service, I see many mentally disabled people come through. It reminds me of my mom, and her driving. Sometimes she doesn't understand that red means stop, a stop sign means to stop and not yield, you don't pull into the oncoming traffic lane to turn left.

I witnessed someone get into the oncoming traffic lane yesterday, and I don't know what the driver in the oncoming lane was thinking, but I was scared out of my wits.

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meyermv | 1 year, 8 months ago
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If she posted bail money, she is free to go moving about. That's how it works with everybody else. I don't like it, but that's how our legal system works.

I do agree with bk in that, it was a misdemeanor, and she got out of jail legally. On the other hand she has history of alcohol abuse, and she obviously could pay the bail outright, so why not set a higher bail limit?

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bklynjs | 1 year, 8 months ago Report

Bail is set at a limit to insure the return of a person to their hearng on the Court date. It is not a tool to be used as a punishment. Believe it or not there are people in Jail in NYC with a bail of $1 and can't afford it and have nobody to come and sign for them.

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alexanderchiu | 1 year, 8 months ago
7
I do think it is celebrity treatment, and think it is unfair in that having a $30K bail that is not particularly expensive for someone of wealth makes it so easy to get out of jail so quickly. Jail is meant to be a tool for educating/punishing those that have committed a crime, and if said person is in jail for only a few days then what is the point? It will just lead them to believe that what they did was not "that bad" and encourage them to think less of the consequences. That's my 2 cents.

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