Lindsay Lohan’s probation revocation hearing begins; could end with star sent to jail

By Anthony Mccartney, AP
Tuesday, July 6, 2010

Lindsay Lohan probation revocation hearing begins

BEVERLY HILLS, Calif. — Lindsay Lohan arrived about 10 minutes early at a Beverly Hills courthouse on Tuesday for a probation revocation hearing that could end with the actress either headed for jail or her next movie role.

The “Mean Girls” star could be sent to jail if a judge finds that the starlet violated her probation. Lohan’s father, Michael, also attended the hearing. A judge scheduled the hearing after Lohan missed a court date in May. She has been required to wear an ankle alcohol monitor since then.

If Lohan is ordered jailed, she will be taken into custody immediately.

The hearing immediately hit a snag as attorneys sparred on what evidence could be introduced. A judge ordered Lohan’s alcohol education program to turn records over to prosecutor Danette Meyers, who said it will take her some time to review.

Meyers said she also intended to introduce evidence that Lohan’s alcohol monitor had been tampered with. The device issued a report last month that it detected alcohol in Lohan’s system, which the star and her attorney have denied.

Lohan’s attorney, Shawn Chapman Holley, said she was unprepared to attack the bracelet’s accuracy because the judge had previously told her the report wouldn’t be considered at Tuesday’s hearing.

Los Angeles Superior Court Judge Marsha Revel said she would give Holley adequate time to prepare, even if that required rescheduling that portion of the hearing for another day.

Testimony from other witnesses is expected to begin later Tuesday morning.

If Lohan is sent to jail, her stay will be determined by Lohan’s sentence, Los Angeles County Sheriff’s Department spokesman Steve Whitmore said. He said inmates serving nonviolent offenses typically serve about a quarter of their sentence, although several factors are considered.

Lohan spent 84 minutes in jail in 2007 after she pleaded 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.

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

Revel revoked Lohan’s probation in May after the actress missed a court hearing to promote a film project at the Cannes Film Festival. Lohan claimed her passport was stolen, but Revel ordered her to wear the alcohol monitor upon her return. She also scheduled the evidentiary hearing that will be held Tuesday morning to determine whether Lohan violated her probation, and to what extent.

Weeks later, the monitor issued an alert after Lohan attended the MTV Movie Awards and its after-parties. Revel promptly doubled Lohan’s bail to $200,000. Prosecutors called it an “alcohol-related” violation, but Lohan’s attorney, Shawn Chapman Holley, downplayed the incident.

Regardless of the outcome, Tuesday’s hearing won’t be the last reminder for Lohan of the court case and her arrests. She will soon be questioned about her drug use three years ago by civil attorneys representing a woman suing Lohan.

The actress’ attorney persuaded a judge to delay that deposition until after Tuesday’s hearing so that her answers couldn’t be used against her in the criminal case.

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