[SuperFemme]

I am kind of torn on the issue. Firstly, I am a very strong supporter of Due Process. So if we look at the Lohan case, then the Judge in question who cuffed her DID take away her right to Due Process.

She is on probation for two Misdemeanor cases and because her probation IS Misdemeanor level, she IS entitled to bail. The judge who heard the Writ of Habeas Corpus last night had no choice but to grant her bail.

300k bail on a misdemeanor case is kind of crazy, and she has even more rope with which to hang herself now. Yet another SCRAM bracelet, even more stringent conditions of probation and having to relinquish her search and seizure rights completely. The probation terms are also very subjective: refraining from being in areas where alcohol or drugs are being consumed almost guarantees that she won't be going many places in the City of Angels (where she is required to stay, per probation).

The District Attorney also has the discretion to charge her for being under the influence of a controlled substance. I am not sure if they can bump that up to a felony due to her being on probation but it is my understanding she tested positive for at least cocaine.

Her Due Process is going to send her down the pathway she is already on until she forces the courts hand into sending her to county a few times (six months and then 9-12 months i think) until finally they will have no choice but to send her to state prison.

It is exactly what happened to Robert Downey Jr. and I have to say that the guy is serious about program and sobriety. Maybe one day Lohan will find her rock bottom?

I feel sad that she has parental units who do nothing but use her to grandstand and take swipes at each other. The mother out pAArtying with Lohan is gross. The father makes more sense, but at the end of the day he is a sad sad publicity whore.

If every single minority and poor person for ONE day refused to take a deal and insisted on the right to a speedy trial it would shut down the court system right quick.

When you are poor and have a public defender (pretender) not much is going to be done in the name of justice. They just need to push you through. After sitting in lock up and hearing from 100 jailhouse lawyers for 72 hours before you hit the courthouse? You are going to chomp at the bit to believe that they are giving you the best you could possibly get and that is you fight it you may as well kiss the next few years of your life good bye. That is after being taking out of a cot at 3 in the morning and sitting in cold holding cells with a green bologna sandwich until sometime after lunch when they judge decides to arraign you. If you haven't made a deal by then, your public defender will waive your right to a speedy trial (due process) and you'll for sure eat the shit sandwich they serve you when they bring you back six weeks later.

So in the end, Lohan will either hit rock bottom or not. She will get sober or she won't. Other than that her only two other options at this point are prison or death.