Lindsay Lohan was recently sentenced to 90 days in a rehabilitation facility and what retired Superior Court Judge of Santa Clara, California Eugene Hyman believes she needs is frequent accountability and testing, which is provided for in a drug court. Unfortunately, it was not possible to get Lohan into a drug court based on her offenses, such as shoplifting and lying to a police officer, as only drug offenses are eligible for drug court in Los Angeles County.
A judge can impose all kinds of conditions of probation but if there's no frequent testing, it's going to be difficult to guarantee compliance, notes Hyman. The fact that she's going to a 90 day locked patient program is a good start, says Hyman, because hopefully, she won't be using any substances. However, based on her history, she needs a very structured life until she demonstrates she can comply with the conditions of her probation and test clean, believes Hyman.
Hyman thinks that the rehab has a good opportunity to be effective but reminds us that Lohan is a difficult person to work on and suspects that she'll test dirty along the way, as she has the means to still purchase drugs. The odds statistically are that she'll violate probation along the way and then the judge will have to deal with the state sentence that's been hanging over her head. In theory, says Hyman, if you violate your probation, the state has to be lifted and the 180 days imposed.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.