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Even Celebrities Get In Trouble - Spotlight: Lindsay Lohan

Posted by Christopher Martens | Nov 30, 2012 | 0 Comments

On Nov. 29 2012, Lindsay Lohan had a complaint filed against her in the Los Angeles County Superior Court. According to the LA County Public Relations Department, Lindsay Lohan was charged with violations of Penal Code (PC) section 148(a), Vehicle Code (VC) Section 31, and VC Section 23103.

The first of three counts in the complaint alleges a violation of the PC Section 148(a). PC Section 148(a) is a misdemeanor and involves willfully resisting, delaying or obstructing any public officer, police officer, or an medical officer from performing their duties. Here, Lindsay Lohan is being accused of preventing an officer from discharging his duty. Because PC 148(a) is a misdemeanor, Lindsay Lohan could face up to 1 year in county jail for this offense.

Counts two and three in the complaint allege violations of VC 31 and 23103. VC Section 31 is when a defendant knowingly lies to an on duty police officer who is performing his duties. While a violation of VC 31 is a misdemeanor, the maximum exposure for this crime is only 180 Days in jail, rather than a full year. As to the third count, VC Section 23103 is a charge of reckless driving on a street or highway. This charge carries a maximum exposure of only 90 days in county jail. Therefore, Lindsay Lohan is being accused of reckless driving and lying to a police officer.

Because California's sentencing laws, if Lindsay Lohan is convicted and the charges all arise out of the same incident, then she will be entitled to serve her sentences concurrently. This means that Lindsay Lohan's maximum total exposure for this case is 1 year in county jail.

However, there is a twist in this scenario. Lindsay Lohan is also on probation for theft of a neckless. Thus, if she were convicted of the current pending charges, that could constitute a violation of her probation and result in additional sentencing on her previous theft case.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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