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Judge issues bench warrant for Lindsay Lohan, says actress may have violated probation [Updated]

May 20, 2010 |  9:30 am

Lohan Superior Court Judge Marsha N. Revel issued a bench warrant for actress Lindsay Lohan for failing to appear in court because she is still in France.

The judge ruled that there is "probable cause" that Lohan may be in violation of her terms of probation and ordered that she immediately cease drinking any alcohol.

With Lohan absent from her Beverly Hills courtroom for a mandatory progress report for her 2007 DUI conviction, Revel castigated the actress for failing to return from Cannes. She said it was the latest in a series of failures to follow court orders.

"I want to say all parties are present, but Miss Lohan is not here," Revel said.

Lohan's attorneys told the judge the actress' passport had been stolen.

The judge ordered Lohan to "not drink any alcohol." She must also wear an alcohol-detecting device and submit to random, weekly drug testing.

"Actions do speak louder than words," Revel said. "This isn't the first time.... She knew she missed other things."

[Updated at 10:11 a.m.: Revel said later the orders to not drink alcohol, wear a device and submit to drug testing would not be imposed until after a hearing next week, said court spokesman Allan Parachini. The hearing could be before another judge, but Revel has recommended the judge impose the conditions.]

Revel also expressed anger that Lohan had failed to attend alcohol classes every week as she had ordered.

She set Lohan's bail at $100,000. A bench warrant is standard procedure for no-shows.

Deputy Dist. Atty. Danette Meyers said, "If the court determines Lindsay Lohan has violated the terms of her probation or failed to abide by the court order, I will be asking for substantial jail time, which could be up to 180 days."

The judge already issued an arrest warrant in March 2009 but later recalled it.

Lohan since 2007 has tested the judge's patience. Revel extended the actress' probation last year because she had not attended enough mandatory alcohol treatment classes. And that is why Thursday's court appearance is mandatory.

The hearing is to see whether Lohan is complying with the court-ordered alcohol education classes. A report to the court by the class provider says Lohan, while short of the credit needed to complete the required classes, is in compliance.

The program says she once struggled with attendance but now "attends regularly." But the court may question why Lohan missed so many classes and had significant gaps in attendance. The actress has so far spent 84 minutes in jail since her conviction as part of the plea deal.

[Updated at 9:50 a.m.: Lohan's attorney Shawn Chapman-Holley protested that Lohan was the victim of passport theft, but the judge said the actress should have made provisions to come back early from the Cannes Film Festival.

Lohan now has a temporary passport, Chapman-Holley said, and will return to Los Angeles on Friday.

Outside the courtroom, Chapman-Holley said she believes Lohan is in substantial compliance with the alcohol treatment program required by the court.]

[For the record at 10:31 a.m.: A previous version stated incorrectly that Lohan would be cited and released when she returns to Los Angeles.

"She will be incarcerated. She will be booked. She will have to post bond,” said sheriff's spokesman Steve Whitmore. Because the judge set bail at $100,000, she cannot be cited and released, he said.

--Richard Winton

Photo: Actress Lindsay Lohan during the 63rd Annual Cannes Film Festival on May 17, 2010 in Cannes, France. Credit: Pascal Le Segretain / Getty Images

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