Thursday, May 2, 2013
I started out my [current guest blogging stint at Prawfsblawg] by discussing the mystery of credit for time served. I just saw most of today's Lindsey Lohan hearing, and it raises what is at least a related issue. Some time ago, Lohan's lawyer and the prosecution reached a plea deal for Lohan to spend 90 days in rehabiltation. There was also a set of conditions attached to the kind of rehabilitation facility that would be acceptable to the prosecution. At the last minute, Lohan decided to check into a different facility than the one the prosecution anticipated. (According to TMZ, she wanted a facility that permitted her to smoke.)
It is unclear whether or not the California facility where she is currently enrolled satisfies the requirements of the plea deal. Today the court simply acknowledged the potential dispute. If the prosecution is not satisfied with the facility, the court will hold a hearing to interpret the plea agreement. If the facility does not satisfy the plea agreement, will Lohan receive credit toward her 90 days for the time she is already spending in her current facility? Perhaps we'll find out, and maybe some California lawyers who have seen similar disputes will weigh in.
There is at least some evidence that Lohan was not taking her agreement with prosecutors very seriously. Perhaps that would bear on the outcome. And maybe it's important in rehab to stick with the same therapist for a sustained period of time. Otherwise, however, I have argued that courts and legislatures should be more open-minded about giving offenders partial credit for time served.
[Originally posted at Prawfsblawg]
UPDATE: TMZ reports that Lohan was not at rehab when her lawyer said she was.