Lindsay Lohan's Lawyer Appeals Judge's Iron Fist

Shawn Chapman Holley files paperwork to get her client out of jail ASAP

By Natalie Finn Sep 24, 2010 11:42 PMTags
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Lindsay Lohan wants out, ASAP.

Understandably not thrilled about the judge's decision to park Lohan behind bars for 30 days, attorney Shawn Chapman Holley filed a writ of habeas corpus Friday afternoon, asking the court to vacate the ruling and set bail.

Which Lohan would then presumably post and go home.

Holley is arguing that it was inappropriate for L.A. Superior Court Judge Elden Fox, who promised the starlet a month behind bars if she failed or skipped a drug test, to remand Lohan without bail while she awaits her official probation hearing on Oct. 22. Fox has said that he needs time to review all pertainable information before deciding the actress' ultimate fate.

"The case law is clear," Holley said. "She is entitled to bail."

Like a fox with a law degree, Fox got around the loophole—chronic overcrowding—that has allowed Lohan to spend far less time in jail than various judges have prescribed by ordering her held without bail.

Ironically, if she had copped to violating her probation right then and there and been sentenced to 30 days, she probably would have spent a fraction of that locked up.

Then again, if the court denies Holley's appeal and Lohan spends 30 days in jail now, Fox could sentence her to time served. Or another 30 days.

We'll see what happens.

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Lindsay Lohan wore her own clothing line to court today. Maybe next time she can try one of these.