Judge refuses bail after actress fails drug test
Actress Lindsay Lohan returned to jail in handcuffs Friday after a judge refused to set bail and ordered her to remain in custody for failing a drug test until another hearing nearly a month away.
Bailiffs handcuffed Lohan immediately after the hearing that lasted less than 10 minutes at the Beverly Hills courthouse.
Lohan’s father, Michael Lohan, said “Oh God” as his daughter rose, looked at her attorney and was handcuffed.
Los Angeles Superior Court Judge Elden S. Fox would not listen to arguments for bail from Lohan’s attorney, Shawn Chapman Holley.
It will be Lohan’s third jail stint for a three-year-old drug and drunken driving case filed after a pair of high-profile arrests in 2007.
Lohan has twice been released early because of overcrowding, with her longest jail stay a 14-day stint on a 90-day sentence earlier this summer.
But this time, the judge’s order diminishes the likelihood that Lohan will be released before an Oct. 22 hearing, when her positive drug test will be discussed.
“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. “She will not get out now.”
The previous judge handling Lohan’s case had said she had to set bail for Lohan because she was facing misdemeanors, and a bondsman was sitting in the courtroom ready to post bail.
“This judge feels he didn’t have to set bail,” Sands said, adding that Fox’s orders are rarely overturned.
The judge said probation officials are also reviewing Lohan’s compliance with other aspects of her probation, which included frequent meetings with counselors.
Holley was not immediately available for comment. Court spokesman Allan Parachini said she remained in the courtroom to confer with Lohan.
Lohan acknowledged failing a court-ordered drug screening last week in a series of Twitter postings.
She arrived at the courthouse Friday about 10 minutes before the hearing was set to start, wearing sunglasses and accompanied by her mother, Dina. Her father arrived earlier.
Lohan has sparred publicly in recent months with Michael Lohan, who she sometimes calls her “ex-father.”
It was the “Mean Girls” star’s first appearance before Fox, who had said at a previous hearing he would sentence her to a month in jail for each drug test she skipped or failed.
The actress wasn’t present for that hearing, which was held hours after her release from rehab.
Lohan 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. “I am working hard to overcome it and am taking positive steps.
“This is certainly a setback for me but I am taking responsibility for my actions and I’m prepared to face the consequences,” her posts said.
The actress remains on probation for a reckless driving and two driving under the influence charges, all misdemeanors. Fox dropped two drug cases at a hearing in August during which he announced Lohan’s release from rehab and set out a strict outpatient treatment schedule that included random drug screenings.
Fox has sealed Lohan’s court file, but a source familiar with the case has told The Associated Press that the actress’ failed test came roughly two weeks after her release from rehab.
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