Friday, September 24, 2010

Lindsay Lohan Stuck In Jail Because Of Twitter, Says Oakland Lawyer

Lindsay Lohan is stuck in jail and may have ran out of chances. According to a well-known Oakland, California Defense Attorney, famed Actress Lindsay Lohan can't get out of jail. While the LA Times reported that Lohan "got around Los Angeles County jail system's early-release policy," that is not accurate.  The judge wasn't using a loophole, but acting within the scope of his common legal authority.

William H. DuBois, an Oakland Criminal Defense attorney who's handled a number of high-profile cases, most notably the Hans Reiser Murder Case, said Friday that LA County Court Judge Elden Fox can hold LiLo without bail because she's already been sentenced. "Once she's been sentenced and is on probation," Du Bois said, "the judge can remand her if she's found to have violated probation."

When this blogger informed Mr. DuBois that Lohan publicly announced she failed a drug test that was part of the terms of her probation, DuBois said "Well, that's it. The twit tweeted."

Du Bois explained that the only way Lohan's attorney could have got her out of jail was to find that the judge in some way abused his legal authority.

The only opening Lohan's attorney Shawn Chapman-Holley had was if Lohan had not used Twitter to essentially admit she violated probation. Then, absent an obvious, provable action other than the results of her tests, which were not publicly available, Chapman-Holley may have been able to mount an effective counter strategy and get Lohan out of jail.

But that legal door was closed when Lohan used Twitter, according to DuBois.

Lohan wrote a series of tweets that add up to one paragraph of thought, presented backward and segmented as is the structure of Twitter. Here are her tweets in the order they were posted in:





but also that I am a work in progress, just as anyone else. I am keeping my faith, and I am hopeful....Thank you all!!!
9:49 PM Sep 17th via web

I am so thankful for the support of my fans, loved ones and immediate family, who understand that i am trying hard,
9:48 PM Sep 17th via web

This was certainly a setback for me but I am taking responsibility for my actions and I'm prepared to face the consequences.
9:47 PM Sep 17th via web

forward every day. I am testing every single day and doing what I must do to prevent any mishaps in the future.
9:47 PM Sep 17th via web

Substance abuse is a disease, which unfortunately doesn't go away over night. I am working hard to overcome it and am taking positive steps
9:46 PM Sep 17th via web

Regrettably, I did in fact fail my most recent drug test and if I am asked, I am prepared to appear before judge Fox next week as a result.
9:45 PM Sep 17th via web


Beyond sticking her neck in her own legal noose on Twitter, US Weekly Magazine reports Lohan was drinking and laughing as she tweeted the messages above and she had held.

Lohan downed Jack and Coke drinks at Magnolia Restaurant in Hollywood, and was allegedly helped by an "assistant and male friend," who've got to be two of the dumbest people on the planet.  The mag reports they were coaching her on what words to use in her tweet, rather than talking her out of using Twitter at all.

This, Lohan's so called friends and associates, are why she's in jail as of this writing.  Sad.

When asked what Du Bois would have done if he were Lohan's lawyer, DuBois said "Keep her from violating probation!"

No comments:

Post a Comment