September 27, 2010 By Wallin & Klarich

On September 24, 2010, in the late afternoon, a Los Angeles Superior Court allowed Lindsay Lohan to post bail and be released from custody after her lawyer appealed an earlier ruling that morning denying her the right to post bail.

The previous judge’s ruling denying bail meant that Lohan would have been in custody at least until her October 22 probation violation hearing.

Lohan’s attorney argued that the superior court must give Lohan the right to post bail for misdemeanor probation violations. Her probation stemmed from two drug-related convictions in 2007. Lohan admitted two weeks ago via tweet that she violated her probation by failing a drug test.

After posting $300,000 bail, Lohan agreed to wear an electronic alcohol-monitoring anklet as a condition of her release. The day after her release, she visited a homeless teen shelter and voluntarily checked herself into a drug rehabilitation program. The judge may still sentence her to jail during her October 22 hearing.

Under the California Constitution, article I, section 12, a person has a right to bail unless the person is accused of a capital crime or certain other felonies after a court has determined that evidence of the person’s guilt is substantial or the risk to public safety is too great to allow the person to post bail. Under California Penal Code section 1271 and the California Constitution, if a person is charged with anything other than a capital offense or certain felonies, a person has a right to bail.

If you or someone you know has been accused of a probation violation, you will need an experienced Los Angeles County criminal defense attorney who will thoroughly explain the probation violation consequences to you. At Wallin & Klarich, we have helped people accused of probation violations for over 30 years. Call us today at (888) 280-6839 or visit us at our website at We will be there when you call.

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