A furious and fed up judge sent Hollywood’s most notorious scapegrace back to the clink – briefly - yesterday, after determining that Lindsay Lohan had violated her probation on her earlier necklace theft conviction.
The actress, 25, was led out of the courtroom in handcuffs, but she was released from custody within hours after her bail bondsman posted her $100,000 bail, according to TMZ.com. Los Angeles County Superior Court Judge Stephanie Sautner order her to start community service at the local morgue upon her release.
Sautner set Lohan’s probation violation hearing for Nov. 2.
“Lindsay is hoping this matter will be resolved on November 2 and the Court will reinstate probation and allow her to continue fulfilling her community service,” her publicist told TMZ.
During yesterday’s court appearance, Sautner lambasted Lohan for doing only 21 of her ordered 360 hours of community service at the Downtown Women’s Center and derided her lawyer’s excuse that the actress had trouble fulfilling her probation requirements because she had to travel for work. Lautner also had some withering words for the Probation Department, which apparently allowed Lohan to switch her community service to the Red Cross after Lohan told her probation officer that working at the Women’s Center was not “fulfilling.”
“Nobody has the power to change my sentence,” Sautner said. “Probation is a gift, not a right,” she added.
If the prosecution proves that Lilo violated her probation, “she’ll have to post a new bond and will be sentenced for a new violation,” said Danielle Pomeraniec, a criminal law specialist for The Roth Law Firm in New York. The prosecutor could also strike a plea deal with her attorney or another hearing might be scheduled, Pomeraniec said. Too “the judge could keep her on probation, but impose new terms,” including other community service requirements, curfews or fines.
Lohan could be sentenced to do time in jail at her next hearing, but Sautner said that was not an ideal place for the actress, as it is now being used by California to house felons because of overcrowding issues.
Lohan has a history of probation violations, which is not all that unusual, said Pomeraniec, a former prosecutor. “It’s sadly very common,” said Pomeraniac, noting that the excuses of defendants often seemed incomprehensible to reasonable people.
"Lindsay is hoping this matter will be resolved on November 2 and the Court will reinstate probation and allow her to continue fulfilling her community service," her publicist told TMZ.
Lilo appeared to have an inkling on Tuesday that all might not go as she hoped in court when she Tweeted, “I just want it to be known, that just because I was not followed&photographed during the times I’ve gone to community service, does NOT mean that I wasn’t following my obligations (by going) to the court.” (sic)