The actress was released Friday night after scoring a legal victory when a judge allowed her to post bail despite being previously ordered to stay incarcerated for almost 30 days.
“She’s been very cooperative – always has been – the first time, and then the last time,” says L.A. Sheriff’s spokesman Steve Whitmore. “Let’s hope this is the last time.”
Lohan, 24, was sprung just before midnight from a Lynwood, Calif., jail after spending less than 14 hours behind bars and later posting $300,000 bail.
She was initially denied bail by Beverly Hills Superior Court Judge Elden Fox, who expected Lohan to serve 29 days behind bars, pending her next hearing. But that order was overruled by a supervising judge after the actress’s attorney filed an appeal.
According to the most recent ruling, Lohan must now be fitted – again – with an alcohol-monitoring bracelet within 24 hours of her release. She’s also ordered to stay out of places where “alcohol is the chief item of sale.”
Lohan is set to return to court on Oct. 22 for a probation violation hearing in her DUI case, which was prompted by a recent failed mandatory drug test.
On Friday afternoon, a Los Angeles judge overturned a ruling to deny the actress bail after Lohan was ordered into custody at a Lynwood, Calif., jail.
“An order has been signed by Judge Patricia Schnegg granting writ of habeas corpus,” court spokesman Allan Parachini confirmed to PEOPLE. “Bail has been set at $300,000.”
Habeas corpus refers to the release of an inmate due to unlawful detention. Schnegg, an assistant supervising judge of the criminal courts, cited state law that guarantees the right to bail in misdemeanor cases.
Judge Schnegg ruled, however, that Lohan must be fitted with a SCRAM alcohol-monitoring device within 24 hours if released. Schnegg made the ruling after Lohan’s attorney, Shawn Chapman Holley, filed an appeal, arguing that Lohan was unlawfully denied bail.
Lohan, 24, was booked into jail on Friday morning after Beverly Hills Superior Court Judge Elden Fox ordered her to be held in custody without bail following the a positive result in her mandatory drug test.
She faces a probation violation hearing on Oct. 22.
Lindsay Lohan isn’t going back to the lockup without a fight.
A source close to the actress confirms that her attorney Shawn Chapman Holley filed an appeal Friday, arguing Lohan was unlawfully denied bail.
Lohan, 24, was ordered to jail until an Oct. 22 hearing after she failed a court-ordered drug test in her three-year-long DUI case.
For now, she remains in a solitary cell at a Lynwood, Calif. jail. Since she’s being held for a court date, instead of for a sentence, the jail won’t release her early for overcrowding or good behavior.
“It’s anyone guess if the appellate court will overturn the judge’s order,” says a legal expert, L.A. criminal defense attorney Steve Sitkoff. “Generally speaking, people are entitled to bail in a misdemeanor case, but the law in this regard is ambiguous.”
The judge laid down the law and ordered the trouble-magnet star hauled away in handcuffs for using cocaine while on probation—a screw-up that led to last week’s failed drug test and subsequent Twitter mea culpa.
Her probation was revoked, no bail was set and she will likely remain behind bars at her old haunt—the Century Regional Correctional Facility in Lynwood, Calif.—until her next hearing on Oct. 22.
“It is a wake-up call,” father Michael Lohan told E! News at the Beverly Hills courthouse this morning.
“But jail is not good for anyone. It doesn’t rehabilatate anyone…She needs to get into rehab and get away from some of those people.”
Wearing sunglasses and a conservative black skirt, the 24-year-old breezed into court appeared into court flanked by her mother, Dina, and attorney Shawn Chapman Holley.
Lindsay declined to address the media but appeared relaxed as she entered, even smiling as her estranged dad told her, “I love you,” before the hearing commenced.
The smile didn’t last long.
L.A. Superior Court Judge Elden Fox, in laying out the terms of Lohan’s probation, had warned her that any slip-up, be it a dodgy urine sample or a missed appointment, would result in a month behind bars.
Holley tried to ask the court to have Lohan’s next hearing on Oct. 29 instead, but Fox replied, “I think it’s in the best interest of your client that you have it on the 22nd.” That court date will be a formal probation-violation proceeding, where Team Lindsay will be able to make their case.
Fox the announced that Lohan ordered be taken immediately into custody and held without the right to bail.
Holley asked the court if she could be heard on the bail issue.
“Nope,” the judge replied sternly.
Lohan then was handcuffed with her hands behind her back and led away. She appeared stone-faced. About 15 minutes later she was driven away from the court in an unmarked police car with a white towel covering the windshield.
A bench warrant was originally issued for her arrest on Monday after her probation was revoked, but Fox waited until today to reveal whether Lohan would be able to wait out her ultimate punishment behind, or in front of, bars.
E! News has heard that friends, loved ones and even attorney Holley have encouraged Lohan to get herself back into treatment, both for her health and to show the judge that she’s serious—for real, this time—about staying clean.
Lohan had seemed to be doing OK by Lohan standards, appearing in a tongue-in-cheek skit on the MTV Video Music Awards two weeks ago in which she told host Chelsea Handler it would pay to lay off the drinking.
But all of her uneventful, yet questionable, nights out on the town following her 14-day stay in jail and 23 days in rehab ultimately resulted in two failed drug tests, one because cocaine showed up in her system.
Lohan, knowing the music had to be faced at some point, admitted to violating her probation, an infraction she’s now very familiar with.
“This was certainly a setback for me but I am taking responsibility for my actions and I’m prepared to face the consequences,” Lohan tweeted exactly one week ago.
Of course, some consequences are preferable to others.
Lindsay Lohan may actually skate on a failed drug test … sources connected with the case tell TMZ.
We’ve learned the second test Lindsay failed showed a positive reading for Adderall, but the L.A. County Probation Department is not recommending jail time for that violation — because there is an ambiguity in the paperwork that went from the court to the Probation Office.
The Probation Department is recommending 30 days jail time for the first failed drug test which showed a positive reading for cocaine.
Now here’s where it gets interesting … Judge Elden Fox has a couple of options on Friday. He could sentence Lindsay on the spot to 30 days in jail for the cocaine violation … but because of overcrowding Lindsay would be released the same day.
Judge Fox’s other option is to deny her bail, throw her in jail and set a hearing that would take place 30 days later. Under this scenario, Lindsay would not be released early — she’d sit in jail for 30 days until her hearing. We’re told judges do this “all the time” when they want to make sure a defendant does the time.
Lindsay Lohan might soon have more than the embarrassment of a positive drug test to contend with. After admitting Friday to failing a test, TMZ reported Monday (September 20) that Lohan’s probation has been revoked and a bench warrant was issued for her arrest in the incident.
Lohan has been ordered to appear in court Friday morning, which means that, although the warrant was issued Monday, it will be held until she comes before Judge Elden Fox or executed should she fail to appear. The gossip outlet claimed that the revocation came after Fox read about Lohan failing a drug test — the site has claimed she actually failed two recent tests — on TMZ. According to the site, one test showed the presence of cocaine in Lohan’s system and in another, she allegedly tested positive for amphetamines.
Before she entered jail in July, it was revealed that Lohan had a prescription for the ADHD drug Adderall, which is an amphetamine, but it is unknown if it was that prescription medication that caused the positive test.
Lohan’s lawyer could not be reached for comment at press time.
On Monday, Robert J. Lindsey, president and CEO of the National Council on Alcoholism and Drug Dependency, told MTV News that, while it was not surprising that Lohan appears to have relapsed, he was encouraged by her ownership of the slip-up.
“From what I’ve heard, the tone with which Lindsay talked about the fact that she tested positive was very encouraging,” Lindsey said. “She really recognized that what this is is a relapse into active addiction, and she is very committed to making sure that she gets back on track.”
Over the weekend, Lohan admitted to failing her recent drug test. Hours after reports surfaced Friday that the “Mean Girls” actress didn’t pass her latest test, the troubled starlet conceded she was still struggling with addiction.
“Regrettably, I did in fact fail my most recent drug test and if I am asked, I am prepared to appear before judge Fox next week as a result,” Lohan tweeted late Friday night. “Substance abuse is a disease, which unfortunately doesn’t go away over night. I am working hard to overcome it and am taking positive steps forward every day. I am testing every single day and doing what I must do to prevent any mishaps in the future. … This was certainly a setback for me but I am taking responsibility for my actions and I’m prepared to face the consequences.”
According to the conditions of her post-rehab release, the actress could return to prison for 30 days if Fox confirms that she failed a drug and alcohol test. Lohan served 13 days of a 90-day jail sentence in July over a probation violation from a pair of 2007 DUI cases.
Lindsay Lohan acknowledged through Twitter postings Friday night that she failed a recent drug test, but the actress said she’s “working hard to overcome” her drug addiction.
Lohan’s supervised probation for a 2007 drunken driving conviction requires frequent drug tests. The judge warned her last month any failure could send her back to jail.
“Regrettably, I did in fact fail my most recent drug test and if I am asked, I am prepared to appear before judge Fox next week as a result,” Lohan tweeted Friday evening.
She spent 23 days in a court-ordered drug rehab program last month, which followed a 13-day jail stint imposed when a Los Angeles judge ruled that Lohan violated her probation.
Judge Elden Fox, who took over Lohan’s case when she was released, imposed a new set of rules for her to follow until November. It included weekly counseling sessions for alcohol and drug rehab, random drug tests and behavioral therapy.
Lohan’s lawyer did not respond to CNN requests for comment Friday. A spokesman for the Los Angeles County district attorney also declined to comment.
No new court date has been announced for Lohan to face Judge Fox concerning the failed drug test.
“Substance abuse is a disease, which unfortunately doesn’t go away overnight,” Lohan tweeted. “I am working hard to overcome it and am taking positive steps.”
Lohan tweeted that she was “doing what I must do to prevent any mishaps in the future.”
“This was certainly a setback for me, but I am taking responsibility for my actions and I’m prepared to face the consequences,” she tweeted.
Lohan made fun of her substance abuse troubles in a backstage skit broadcast during last Sunday’s MTV Video Music Awards.
She appeared with show host Chelsea Handler, who was wearing an alcohol-detection bracelet like the one Lohan recently wore.
“Wake up, Handler, pull it together,” Lohan said as she slammed Handler against a wall. “You’re a menace. Do you think anyone will work with a drunk? Take it from me, they don’t.”
Fresh off her VMA appearance on Sunday, Lindsay Lohan is now reportedly in talks to host Saturday Night Live this December. An NBC rep for the show had no comment, but personally, I’m all for it. Lohan hosted in 2004, around the release of Mean Girls, and was completely awesome (she also hosted in 2006 — the episode was fine but not as hilarious). Who can forget LiLo’s turn as a busty Hermione in that Harry Potter sketch? And Lindsay also starred in one of my favorite SNL sketches of all time: Debbie Downer goes to Disneyland, in which pretty much everyone involved, including Lindsay and Rachel Dratch, completely lose it. (Watch it below!)
•SITE NAME: Lindsay Source
Unground Comedy(2012)
Mob Street
Labor Pains
Machete
Lindsay Lohan is a free woman.
