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Lindsay Lohan Cuffed, Sent Immediately Back to Jail

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By Tanya Roth, Esq. on September 24, 2010 1:10 PM

It wouldn't be a Friday on FindLaw's Celebrity Justice without a small update on at least one of our favorite scoff-law celebs. Last Friday, it was the news that actress Lindsay Lohan had failed her court ordered drug test. With a stop-over for Paris, in court on drug charges on Tuesday, again this Friday it is Lohan, back in court and as of this morning, back in jail. There is new sheriff (well, actually new judge) in town and he had our Lindsay Lohan cuffed and headed back to jail for this possible probation violation.

The probation violation stemming from earlier convictions on charges of drunk driving, use of a controlled substance and reckless driving should still be called "possible" because today's court session was not the actual probation violation hearing. According to CNN, the actress came before Judge Elden Fox on a status hearing and preliminary revocation of her probation to decide where exactly she will await the hearing, scheduled for October 22. Would it perhaps be the Chateau Marmont?

Nope.

CNN reports that when Lohan's once and future attorney, Shawn Chapman Holley, asked Judge Fox if he would consider her arguments for allowing Lohan to be free on bail awaiting the hearing, he too replied, "Nope."

Miss Lindsay Lohan was cuffed and lead directly from the courtroom. The Associated Press reports it is unlikely that the actress will be released in advance of her hearing. One defense attorney speaking to the AP says Judge Fox's orders are rarely overturned by higher courts, so she may as well get comfortable.

Since we are deep into the second round of probation violation hearings and sentencing for La Lohan, a quick refresher on what brought us all here in the first place may be helpful. According to FindLaw's inside (literally, inside the courtroom) source, the underlying violations for which Ms. Lohan is on probation are: DUI (violation of Cal. Vehicle Code sec. 23152 (a) and (b)), possession of a controlled substance (violation of Cal. Health and Safety Code sec. 11550 (a)) and reckless driving (violation of Cal. Vehicle Code sec. 23103 (a)).

Last Friday, when news of her failed drug test was confirmed, Lohan tweeted, "Substance abuse is a disease, which unfortunately doesn't go away over night. I am working hard to overcome it and am taking positive steps." Maybe the little girl lost is walking in the right direction now, even if that is back to a jail cell for the time being.

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