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Sep 24, 2010 9:36 PM by Alison Haynes

Lohan goes directly to jail after failed drug test

BEVERLY HILLS, Calif. (AP) - There were no tears, no last-minute
pleading and no lecture from a judge warning Lindsay Lohan she was
facing serious consequences for her latest misstep in a 3-year-old
drug and drunken driving case.
Instead, Los Angeles Superior Court Judge Elden S. Fox on Friday
sent a simple and stern message to the troubled actress - she was
going to jail for nearly a month as promised for failing a drug
test.
When Lohan's attorney, Shawn Chapman Holley asked to argue that
bail should be set, Fox's reply was simple: "Nope."
Bailiffs closed in and Lohan stood up. Her estranged father,
Michael, said "Oh God," as she was handcuffed and solemnly led
from the courtroom.
Within moments Lohan was stripped of her designer high-heel
shoes and jewelry and on her way to the county women's jail, where
she will be held in an isolation unit. Her mother, Dina, carried
the items in a clear plastic bag from the courtroom after the
hearing.
Lohan is due back in court on Oct. 22, when Fox will formally
determine whether she violated her probation and will spell out her
sentence.
Holley appealed the ruling later Friday, filing a writ of habeas
corpus that challenged the court's authority to hold the actress
without bail.
Los Angeles Superior Court Judge Patricia Schnegg ruled Friday
evening that Lohan could be released on $300,000 bail. The actress
remained in an isolation unit of a women's jail in suburban Los
Angeles.
Going into Friday's hearing, the "Mean Girls" star's fate was
unclear after she failed a drug test roughly two weeks after her
early release from rehab. A quick release seemed possible, and two
bail bondsmen sat in the courtroom prepared to post bail as they
have done twice already when the starlet violated terms of her
probation.
But Fox, who in August paved a 67-day path to redemption
involving rehab, counseling sessions and random drug tests, made
good on his promise to send Lohan to jail if she erred.
He didn't say during the hearing what drug caused Lohan, 24, to
fail the drug screen, saying only that she tested positive for a
"controlled substance."
Also unclear are Lohan's career prospects after her latest
straying from terms of her probation. She has been slated to star
as Linda Lovelace in a biopic about the porn star, but the
production schedule already was altered when Lohan was sent to jail
in July.
Matthew Wilder, the writer-director of the film titled
"Inferno," said in an e-mail that the film's producers "want her
to do well." He did not address whether Lohan's role would be
recast or the film further delayed.
Lohan's case has been a fixture at the Beverly Hills courthouse
since May, when she missed a hearing to attend the Cannes Film
Festival. She was jailed for 14 days after being found in violation
of her probation for missing alcohol education classes and then
spent 23 days in rehab.
"When you put the judge in a tight spot, he has no
alternative," said Barry Gerald Sands, a defense attorney who has
represented celebrity clients in drug cases and was present in
court Friday. "She will not get out now."
Michael Nasatir, another defense attorney not handling Lohan's
case, said judges only send people to jail on misdemeanors without
bail if they feel the person is likely to violate the terms of
their probation.
"The judge must think there is no other answer," Nasatir said.
Rehab remains a possibility for the actress, who seemed to
acknowledge an addiction problem after news of her positive drug
test broke last week.
"Substance abuse is a disease, which unfortunately doesn't go
away over night," Lohan posted on her Twitter feed last Friday.
"This is certainly a setback for me but I am taking responsibility
for my actions and I'm prepared to face the consequences."
And her treatment won't end just because she's in jail.
Fox signed orders allowing a psychiatrist and professional
addiction specialist to visit the actress throughout her
incarceration.
Nasatir said Lohan could still make a comeback - he's seen it
with many of his clients. "Nobody's a lost cause," he said. "You
can never tell when the light will come on."

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