Lindsay Lohan back in court Friday after failing drug test
Actress Lindsay Lohan, left, talks with her attorney Shawn Chapman Holley at the Beverly Hills Courthouse for a probation status hearing. The 23-year-old actress returned from France after missing her hearing last week for a progress report on her probation for her August 2007 no-contest plea to drug and alcohol charges. (May 24, 2010) Credit: Getty Images
As Lindsay Lohan prepares for her court appearance Friday morning, Los Angeles County Superior Court Judge Elden S. Fox - who allowed the actress to cut short her time in inpatient rehab for substance abuse - has banned cameras from the courtroom where he will decide how to proceed now that Lohan has failed two drug tests.
The "Mean Girls" star may, however, remain free for now despite the probation violation. Sources analyzing the pertinent laws for TMZ.com told the site that if Fox remands Lohan, 24, into custody then he must set bail, since the offenses in the 2007 DUI case are misdemeanors. The sources suggested Fox will schedule a formal probation-violation hearing, likely for next month, and that a bondsman will post a bond immediately upon the judge setting bail.
At that next hearing, however, Fox can sentence Lohan to 30 days in jail based on the failed drug test for cocaine. Paperwork ambiguity reportedly precludes jail time for the second failed drug test.
Lohan's previous 90-day sentence for probation violation, beginning July 20, ended after 13 days due to jail overcrowding. Similarly, she would likely serve only about 5 days of a 30-day sentence for this new offense, according to the Los Angeles Times.
Her mother and manager, Dina Lohan, 48, of Merrick, reportedly told friends the failed drug tests are of little concern. Us magazine Thursday quoted a witness saying Dina Lohan told birthday-party guests at Matteo's Restaurant in Roslyn Heights on Sept. 17, " 'Who cares if it's true? Our new team is like a machine. They'll squash this.' "
That was the day Lindsay Lohan tweeted that she was "taking responsibility for my actions and am prepared to face the consequences" - though as Us also reported Thursday, she did so while drinking Jack Daniels and Coca-Cola, also in violation of probation. A witness at the Hollywood restaurant Magnolia said Lohan composed her admission with help from her assistant and a male friend while having cocktails.
Her management team saw and approved the final drafts of the tweets, Us said.
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