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Judge overturns Lindsay Lohan jailing; Star expected to be released on $300,000 bail

September 24, 2010 |  6:15 pm

Lindsay Lohan will be allowed to leave jail if she posts $300,000 bail after a judge blocked another judge's order earlier Friday for the actress to spend at least 30 days behind bars.

The decision by L.A. County Superior Court Judge Patricia M. Schnegg comes hours after a Beverly Hills judge ordered Lohan to jail without bail after she failed a court-ordered drug test. The decision was seen as a novel way to  get around the Los Angeles County jail system’s early-release policy with a ruling to keep  Lohan behind bars for the next month.

Lohan has twice been sentenced to jail time, but in both instances she got out early because of overcrowding in the county’s women’s jail in Lynwood.

Instead of handing down a sentence against Lohan, Judge Elden Fox ordered her jailed without bail until an Oct. 22 hearing on whether she should be incarcerated for drug use.

Lohan's attorney, Shawn Chapman Holley, said outside court that she believed Fox’s ruling was legally incorrect because it involved a probation violation for a misdemeanor conviction.

“The case law is clear,” Chapman Holley said. “She is entitled to bail.”

She filed an appeal, and Judge Schnegg agreed that Lohan deserved bail.

Veteran defense attorney Glen Jonas said Fox’s actions effectively side-stepped the early-release process, which covers inmates sentenced to jail time but not inmates awaiting sentencing.

“Judge Fox guaranteed Ms. Lohan will not receive early release by setting the hearing a month out with no bail. Judge Fox is fed up. Ms. Lohan is being treated like a drug addict on probation instead of a celebrity” with a drug issue, Jonas said.

Because of overcrowding, women convicted of crimes similar to Lohan’s tend to serve about 25% of their sentence.

Fox said he postponed a final decision until October because he needed further information from probation officials on Lohan's compliance before a revocation hearing could be held. 

--Richard Winton and Andrew Blankstein

Photo:Lindsay Lohan is accompanied by sheriff's deputies.Credit: Al Seib / Los Angeles Times