Chicago DUI attorney thinks LILO may have been treated differently, but not necessarily better, than other offenders

This Chicago DUI attorney has posted here, here, and here about LILO, unfortunately she’s back in the news and it’s not for her acting abilities.

September 24, Los Angeles, CA:

Lindsay Lohan's journey to jail Friday on a 30-day hold -- only to be released hours later -- has raised new questions about whether the actress is being treated differently than other inmates.

On Friday morning, Beverly Hills Judge Elden Fox ordered Lohan jailed without bail until a hearing Oct. 22 on whether Lohan should be incarcerated for using drugs in violation of her probation on a drunk-driving conviction. 

It also appeared to be an effective way to skirt Los Angeles County's early release policy and keep Lohan incarcerated for a month. The 24-year-old actress has twice received jail sentences but both times served less time than ordered because of overcrowding at the women's jail. Most female inmates serve a quarter of their sentence.

But Lohan's attorney, Shawn Chapman Holley, immediately challenged the legality of holding her client without bail based on a probation violation for a misdemeanor. On Friday afternoon, another judge granted Lohan $300,000 bail, and she was able to leave jail.

Attorney Mark Geragos said it was not unusual for a judge to deny bail on a probation violation and set a date for a hearing in the time it might take to serve a full jail sentence.

"More and more judges are doing this very thing to ensure the sheriff doesn't release the person early," Geragos said.

Veteran defense attorney Glen Jonas said the judge's actions effectively side-stepped the early-release process, which covers inmates sentenced to jail time but not to inmates awaiting sentencing.

 So what happens here in Chicagoland?  It’s pretty similar except in my experience many wouldn’t be held without bail for violating the terms and conditions of their sentence.  Instead, they would simply be re-sentenced with a conviction being entered.  The problem with the conviction is that it revokes driving privileges.