SAN JOSE, Calif., April 27, 2011 /PRNewswire/ -- Lindsay Lohan seems to have dodged a felony when her charge was reduced to a Misdemeanor after her preliminary hearing. Some think that Lindsay's good Friday was a great Friday. Not so says Celebrity Attorney Andree Taylor of Taylor Solano & Associates. Andree Taylor is the attorney that sports stars, celebrities and other high net worth individuals call when they find themselves in trouble.
"It's pretty routine when dealing with a Defendant who is not a career criminal or has a violent criminal past. Lindsay was charged with a Felony. Every Judge in California must hold a preliminary hearing under Penal Code 859b to determine if there is enough evidence to support a felony charge.
The Judge has a huge amount of discretion, especially when the crime Lindsay is charged with , Grand Theft, is a "Wobbler" crime. A Wobbler is defined as one which can be charged as a Felony or Misdemeanor. A Judge, as in this case, can determine under Penal Code 17(b)5 that the charged offense is a misdemeanor instead of a felony.
My guess is that the controversy over the value of the jewelry in question had some influence in the crime wobbling toward a misdemeanor. It had nothing to do with her celebrity status. It had everything to do with the evidence presented and the judge's determination that the charge was better suited as a Misdemeanor.
Everyone, no matter who they are should be treated the equally. What we witnessed was just that. The problem is when they are not. We witnessed that with Paris Hilton's second DUI conviction, where the Judge was harsher on her than anything I ever witnessed in a non-felony DUI conviction. Moreover, the Judge in that case forced the sheriff to jail Paris even though every other Defendant was allowed to leave because of over-crowding. That was a prime example of how judicial discretion was unfairly applied because of someone's status. Lindsay's charge being reduced was not," says Taylor.
Andree Taylor of Taylor Solano & Associates, with offices in San Jose and Beverly Hills, can be contacted at 1-888-842-9422.
SOURCE Taylor Solano & Associates