Wednesday, November 2, 2011

Lindsay Lohan returns to court's hot seat

Los Angeles (CNN) -- Lindsay Lohan will sit in a familiar seat in front of a Los Angeles County judge who is considering sending her to jail for violating probation Wednesday.

The actress is once again facing a probation violation hearing that could end with Lohan in handcuffs for the ride with deputies to jail.

Lohan's probation on a necklace theft conviction was revoked last month after Judge Stephanie Sautner ruled the actress failed to comply with the community service sentence she imposed in May.

She was allowed to post a $100,000 bond and remain free until this week's probation revocation hearing, with the provision that she work at least two days a week at the county morgue.

Lohan, 25, entered a guilty plea in May to stealing a necklace from a Venice, California jewelry story. She was already on probation for two drunken driving convictions from 2007.

Although Sautner sentenced Lohan to 120 days in jail, along with the community service, it translated into just 35 days of home confinement that ended on June 29. Jail overcrowding and state rules that give credit for good behavior for prisoners allowed for the shortened term.

But the judge, who showed anger at Lohan's repeated probation violations, could order her to serve a longer portion of her time in jail.

Lohan was supposed to be performing community service at a downtown Los Angeles women's center, but the judge said she posted nine excused absences at the center since her last court hearing on July 21 -- and performed, at most, only two hours of service.

Lohan's attempt to perform community service at a nearby Red Cross facility was voided because the judge said she didn't authorize that change.

"I am revoking her probation," the judge said, adding "Ms. Lohan's decision made it deliberately impossible to perform" her community service.

At one point during the hearing, Los Angeles city attorneys Lisa Houle and Melanie Chavira asked the court to revoke Lohan's probation and impose jail time because of Lohan's failure to do the community service. One of the city attorneys charged in court that Lohan "is in violation for getting herself kicked out of the women's center, which she was ordered to do."

But Lohan attorney Shawn Holley told the court that Lohan received "a glowing" probation report, which said that "Ms. Lohan has reached a turning point" in her behavior and maturity.

The judge raised several questions about the reliability of that report, however.

Sautner remarked how the probation report showed Lohan had excused absences from community service between September 9 and October 5 so that Lohan could travel to New York, Milan, and Paris for work.

But Lohan's psychologist's report stated that Lohan had perfect attendance every week, the judge observed.

"The psychologist said she appeared in person for her counseling every Tuesday," the judge said. "I don't know how she did that."

"Did she go to Milan for five days and come back in time or go to Paris for five days and come back in time?" the judge asked the defense attorney.

"If she was gone from September 9 to October 5, did she get beamed across the pond? I don't know how that happened," the judge said.

Lohan publicist Steven Honig later released a statement: "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 legal woes, which began four years ago with two drunk driving arrests, have been compounded by her failure to attend counseling classes, and alcohol and drug test failures.

Her probation is scheduled to end within a year unless Lohan breaks any laws before then. It has been extended several times because of probation violations, including the failed alcohol and drug tests.


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