Lindsay Lohan to leave jail within hours after judge overturns ruling to deny her bail

By DIONNE CLARKE

Déjà vu: Lindsay Lohan poses for her most recent booking photo taken at Lynwood Correctional Facility where she was today ordered to spend 30 days


Lindsay Lohan could be free within a couple of hours may soon be a free woman.

A Los Angeles judge has now overturned a ruling to deny Lindsay Lohan bail after she was ordered into custody at a Lynwood, Calif., jail.

'An order has been signed by Judge Patricia Schnegg granting writ of habeas corpus,' court spokesman Allan Parachini confirmed to PEOPLE.

'Bail has been set at $300,000.'

Habeas corpus refers to the release of an inmate due to unlawful detention. Judge Schnegg ruled, however, that Lohan must be fitted with a SCRAM alcohol-monitoring device within 24 hours if she posts bail.

Schnegg made the ruling after Lohan's attorney, Shawn Chapman Holley, filed an appeal, arguing that Lohan was unlawfully denied bail for her misdemeanor case.

Holley claims the judge must grant bail in such a case - and asked Judge Patricia Schnegg, Assistant Supervising Judge for the L.A. County Criminal Courts, to overturn Fox's ruling.

Judge Fox did not hear any arguments from the lawyers before making his ruling.

His decision stunned Lindsay's team because the underlying offence is a misdemeanor and some experts were reporting that the judge would have to offer Lindsay bail.

After the brief appearance Holley told UsMagazine.com: 'I think case law is clear that she is entitled to bail. That is all.'


Subdued: Lindsay arrived in court wearing a cream pleated skirt, black top and smart black jacket from her 6126 clothing line with Christian Louboutin heels


Lohan was ordered to jail until an Oct. 22 hearing after she admitted failing at least one court-ordered drug test in her three-year DUI case.

The actress was handcuffed and taken away and will be behind bars for the next month.

She'll serve her time in Lynwood Correctional Facility which is where she served 13 days earlier this summer.


Flanked: Lindsay was surrounded by security and court officials as she made her way into court Friday morning


The actress was brought before the judge after failing two drug tests earlier this month. One was for cocaine and the other was for Adderall - a drug taken for ADHD.

Lindsay's lawyer Shawn Chapman Holly asked the judge if he would consider bail to which he replied 'no'.

Holly then asked if the formal probation hearing could be pushed back to October 29.

The judge told her that he didn't think she'd want the hearing on October 22. A later date would mean Lindsay would have to spend longer in jail.


Familiar walk to court: Lindsay had tweeted earlier this week that she had suffered a setback in her recovery and was ready to face the consequences


Circus: Lindsay was surrounded by the world's press as she arrived in court. Scores of media outlets swamped the court house to catch a glimpse of the star


Protocol: Lindsay goes through the court's security. Her mother Dina Lohan was at her daughter's side for support


Lindsay's reaction was apparently that of shock when she was remanded in custody. She is said to have looked at her lawyer before being taken out of the courtroom.
Her mother Dina was later seen leaving the courthouse with Lindsay's designer Louboutin heels in a plastic bag.

Judge Fox scheduled a formal probation hearing for 30 days from now when Lindsay will have to answer to her failed drug tests.


Locked up: Artist impression of Lindsay being handcuffed in court Friday morning. No cameras were allowed in to watch proceedings this time


Back to jail: A sketch artist captures the moment Lindsay was led away by a guard to serve her time


The parents: Dina Lohan left the Beverly Hills courthouse after seeing Lindsay handcuffed and taken to jail while father Michael was banned from court


He had previously warned Lohan he would put her back behind bars if she tested positive or skipped one of her twice-weekly tests.

The Probation Department will apparently not recommend jail time for the second failed drug test because of an ambiguity in the paperwork.

At a press conference after Lindsay was sent to jail, L.A. Sheriff's spokesman Steve Whitmore said Lindsay had no chance of an early release.

He said: 'Ms. Lohan cannot be released early because this isn't a jail sentence. She's being held by court order until her hearing on October 22.

'She will be held in the same conditions as her last stay, in a keep-away unit'.


Retail therapy: Lindsay was out shopping yesterday at The Grove in LA. She had an odd choice of outfit on pairing tan shoes and black ankle socks


Whitmore added that she will be held in the same conditions as she was two months ago stating: 'She's going to go through the same physical and mental evaluation'.


Disease: Lindsay tweeted substance abuse is a disease she is trying to overcome


He added that Lindsay will be segregated from the general population 'for the safety and security of the entire jail system'.

When asked how Lindsay was handling her incarceration Whitmore said that she is 'very cooperative, very demure, very quiet. Once again she's doing everything that is asked of her. Last time she did very well and so far, so good this time'.

Lindsay has once again donned the jail mandated orange jumpsuit and will be in a 8ft by 12ft cell by herself, spending approximately 23 hours a day in isolation.

She will be allowed weekly visits by her loved ones but can her lawyer can visit with her more frequently.

This is Lindsay's 4th bench warrant stemming from her DUI case in December 2007.
Yesterday Lindsay was out shopping at The Grove in Los Angeles - seemingly not worried about her fate.

Just last week when it was revealed she had tested positive for cocaine she tweeted that she had suffered a setback in her recovery and was ready to face the consequences.

She had tested positive just three weeks after being released early from inpatient rehab on August 24.


Bare necessities: This is the jail cell where Lindsay Lohan spent 13 days of her 30 days sentence. The small unadorned room has a basic bed, toilet and sink


She posted: '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 forward every day'.

Lindsay added: 'I am testing every single day and doing what I must do to prevent any mishaps in the future. This was certainly a setback for me but I am taking responsibility for my actions and I'm prepared to face the consequences'.

Last July when Lindsay violated her probation - despite cries and pleas to the judge she was sentenced to 30 days in jail - but served just 13 days of that sentence.

She then was moved to a lock-down rehab facility at UCLA where she was ordered to serve 90 days in the treatment centre.

She was released after just 23 days when the doctors treating her said her issues weren't as bad as first thought.


Lindsay's Linnocent: A fan of Lindsay's had her face and the logo embossed on his chest


They had apparently weaned her off Adderall - a drug Lindsay took for ADHD - which the doctors claimed she had been misdiagnosed with.

Although Lindsay tested positive for the prescription drug - she won't have to serve time for that due to it not being clear if this actually violates her probation.

So Lindsay Lohan remains a free woman today but her troubles are far from over.

Dina had threatened Michael with jail if he turned up at court as he would have been in violation of a criminal protective order that she has against him.

Michael was turned away from the court and not allowed in to see his daughter.

He later held a press conference where he was very angry at his daughter being sent to jail.

He said: 'She hasn't got help for her problems. She needs to be in a rehab facility for a long period of time'.



Hidden: Lindsay was driven to Lynwood Correctional Facility in Los Angeles by unmarked police car. She was covered by a blanket as she entered the jail




source: dailymail