Attorney Susan Filan says anyone else in Lindsay’s shoes would be finishing out their sentence behind bars by now, but Shawn Chapman Holley asserts Lindsay was treated just like anybody else! Vote on what you think!
Trial Lawyer and MSNBC Senior Legal Analyst Susan Filan talked to HollywoodLife.com about Lindsay Lohan‘s court date today and said that while she agrees with the judge in the case that Lindsay didn’t technically violate her probation, Lindsay should have been ordered to submit to drug and alcohol tests going forward. “Normally someone in her position can’t do whatever they want. Someone in her situation has to do what the judge tells them. It appears she can do no wrong,” says Susan. But Lindsay’s lawyer Shawn Chapman Holley feels differently.
TMZ released Lindsay’s probation report on its site today, and it is clear her probation officer is furious about her continued wild behavior! Lindsay failed an alcohol test, but the judge today said she was only guilty of “poor judgment” and ruled she wouldn’t go to jail.
“The fact that she was required to submit to a narcotic test the next day, and it was positive for alcohol, verifies that the defendant violated the court’s order by continuing to drink,” her officer said in the report. “The defendant’s behavior indicates she is not attempting to change. Due to her continued behavior, it appears that the defendant does not view being on the electronic monitoring program as a privilege. The defendant should be taken off electronic monitoring, and be ordered to serve suitable time in custody.”
Susan feels that another person convicted of a crime and history of drug use wouldn’t get away with this kind of behavior. And now, Susan points out, there may not be a way to punish Lindsay now that there is no drug or alcohol testing in effect. “There was not enough in this report to prove actual violation, but clearly probation is not happy with her and this puts the judge on notice. Lindsay is on even thinner ice now, although [it's] still unclear if she actually violates [probation] what, if anything, this judge would do,” Susan said.
So, what would happen if Lindsay does indeed violate her probation in the future? Lindsay has been convicted with possession of a controlled substance, a DUI, and theft — yet she is only serving house arrest. Given the past sentencing in her case, Susan doubts that Lindsay would even go behind bars if she does violate her probation.
“Normally if you violate probation and go back to the same judge more than one time, they punish you. Otherwise, what’s the point of these rules? Then it’s a joke. But it doesn’t seem like there are consequences for Lindsay, and it’s hard to know why,” exclaims Susan.
But Lindsay’s lawyer feels differently. “People think celebrities get it easier and a break, but the converse is true. With someone in the spotlight, there is a lot of attention on the sheriffs and prosecutors, and they don’t want people to know deals are being made,” asserts Shawn to E! Online.
“Anyone with her background would have gotten house arrest, she didn’t get a special deal. I worried perception would harm her…But everyone—the judge, the courts—were professional, so it was fair. It was difficult in my mind. I believed public pressure would make the powers that be behave differently but she got what everyone would have.”
What do you think? Do you think Lindsay is getting special treatment?
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