Lindsay Lohan Will Bail Out of Jail According To Cal Penal Code

Lindsay Lohan Lawyer Shawn Chapman-Holley got Lindsay Lohan out of jail. Chapman-Holley filed a appeal to Judge Eldin Fox's court-ordered jailing of Lohan without bail, reportedly siting a provision of California law that gives defendants the right to bail in misdemeanor cases according to TMZ.com. But this blogger elected to research the issue using Law Justia Legal Research.

According to Section 853.6.(a) (4) governing citations for Misdemeanors:

(4) Nothing in this subdivision shall be construed to affect a

defendant's ability to be released on bail or on his or her own

recognizance, except as specified in Section 1270.1.

In other words, because Lohan's charged with a misdemeanor and not a felony, she's entitled to post bail as she does not pose a threat to public safety.

Earlier, Oakland Lawyer William DuBois has said that the judge was entitled to remand Lohan because she was already sentenced and violated probation. However Lohan's lawyer could appeal if she determined the judge stepped outside his legal authority. He did. California law prohibits locking someone up just because they violated probation without allowing them to post bail in misdemeanor cases.

According to TMZ.com, Judge Patricia Schnegg, Assistant Supervising Judge for the L.A. County Criminal Courts overturned Judge Eldin Fox's court-ordered jailing of Lohan without bail. Lohan will be out tonight and bail is set at $300,000.

Lohan's ordered to get a SCRAM bracelet and must avoid contact with anyone who is a drug user and must submit to a search by law enforcement at any time.