Judge sending Lohan to jail for 90 days after ruling actress violated probation in drug case

By Anthony Mccartney, AP
Tuesday, July 6, 2010

Judge sends Lohan to jail for probation violation

BEVERLY HILLS, Calif. — A judge sentenced Lindsay Lohan on Tuesday to 90 days in jail and an inpatient rehab program after finding the actress had violated her probation in a 2007 drug case by failing to attend alcohol education classes.

The actress burst into tears after the ruling.

Superior Court Judge Marsha Revel issued the sentence after listening to testimony from employees of an alcohol treatment program that Lohan had been ordered to attend.

Lohan missed seven classes since December, which led to the judge’s harsh rebuke moments after the “Mean Girls” star offered a tearful apology.

“I did do everything I was told to do and did the best I could to balance jobs and showing up,” Lohan told the judge. “It wasn’t vacation, it wasn’t some sort of a joke.”

Revel said she found Lohan’s apology insincere, comparing it to “somebody who cheats and thinks it isn’t cheating if she doesn’t get caught.”

Lohan was not immediately taken into custody and will be permitted to surrender on July 20. She will have to wear an ankle alcohol monitor until then.

Los Angeles County district attorney spokeswoman Jane Robison said it was not uncommon for judges to allow defendants to turn themselves in at a later date so they can get their affairs in order.

The sentence tripled the monthlong jail sentence prosecutors had sought for Lohan.

It was unclear how much time Lohan will actually spend in jail. Los Angeles Sheriff’s Department spokesman Steve Whitmore said female inmates convicted of nonviolent misdemeanors serve about a quarter of their sentence but that can be further reduced by state credits.

Whitmore said Lohan might be released on house arrest, but it would depend on the specifics of Revel’s order.

Lohan could be returning to the suburban Lynwood jail where she spent 84 minutes in 2007 after pleading guilty to two misdemeanor counts of being under the influence of cocaine, and no contest to two counts of driving with a blood-alcohol level above 0.08 percent and one count of reckless driving. She had been sentenced to four days behind bars.

The same jail housed Paris Hilton for 23 days in 2007 after she was found guilty of driving on a suspended license while on probation in an alcohol-related, reckless-driving case.

Whitmore said then that budget problems meant nonviolent female inmates were only serving about 10 percent of their sentences. The department still faces overcrowding and budget issues, he said.

Judge Revel spent several minutes Tuesday detailing Lohan’s conduct since 2007, noting the actress had repeatedly deflected blame and made excuses.

There were “a number of instances that would show her not taking things seriously,” said Revel, who imposed a series of strict, new conditions on the actress.

Lohan will now have a probation officer who will monitor her progress more closely. Lohan was previously on informal probation and supervised by a judge. She will also have to enter inpatient rehab.

Revel revoked Lohan’s probation and ordered her to wear an ankle alcohol monitor after the starlet missed a court date in May. She was promoting a film project at the Cannes Film Festival at the time and claimed her passport was stolen.

The monitor issued an alert after the actress attended the MTV Movie Awards and after-parties last month. Revel said the device registered a .03 blood alcohol level at the time. Lohan has denied drinking that night.

Lohan’s attorney, Shawn Chapman Holley, urged the judge to place the actress back on probation, saying she had learned her lesson and had improved.

Prosecutor Danette Meyers disagreed and urged jail time for the star.

“When you ordered her to go every week, it didn’t catch her attention,” Meyers said in a closing statement.

The 2007 plea came after a pair of high-profile arrests earlier that year. Lohan was sentenced to three years probation but had to ask for a yearlong extension in October after she failed to complete her alcohol-education courses on time.

Associated Press Writers Sandy Cohen and Nardine Saad contributed to this report.

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