Lindsay Lohan is a person who needs a locked up facility, according to retired Superior Court Judge of Santa Clara, California, Eugene Hyman. The problem, he believes, is that her lawyer has to be truthful and present all of the options available to her.
The reality is a judge could give her the balance of her one year potential term and because of over-crowding in the jails, she might only serve 7 days. What her lawyer should do, notes Hyman, is tell her it's in her best interest to serve 90 days in a treatment facility.
Hyman says that Lohan is not incompetent from a criminal standpoint but is getting there civilly. From a criminal standpoint, you have to be to the point where you don't understand what's going on with respect to the criminal process and you're unable to assist your advocate, according to Hyman. He doesn't believe she's at the point where she can't make decisions, even if she does have issues with comprehension.
If Hyman were the judge in her case, he would encourage her to go to lock up for 90 days to get clean and sober and give up her old friends.
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.