Prosecutor to Call for Jail Time for Lohan

Tuesday, Oct 18, 2011  |  Updated 9:54 PM EDT
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Lindsay Lohan's Highs and Lows

AP

Lindsay Lohan is headed back to court.

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A city prosecutor will ask a judge to find Lindsay Lohan in violation of her probation and order her to spend time in jail, a city attorney's spokesman said Tuesday.

The move is based on the actress' most recent probation report that states she was terminated from a women's shelter where a judge wanted her to serve most of her community service, city attorney's spokesman Frank Mateljan said.

Mateljan said Deputy City Attorney Melanie Chavira would recommend at a hearing Wednesday that Lohan be sentenced to jail if the judge agrees she violated her probation in a 2007 drunken driving case and a misdemeanor theft case earlier this year.

Lohan is due to appear in a courtroom to update Superior Court Judge Stephanie Sautner on her progress. The judge in April sentenced her to serve 480 hours of community service, most of which she said should be served at the Downtown Women's Center.

Mateljan said he had not personally reviewed the probation report and did not know why Lohan was booted from serving at the center.

"We feel that her being terminated from it is a violation," Mateljan said.

Lohan's spokesman Steve Honig declined comment beyond noting that it will be up to Sautner to decide if Lohan has violated the terms of her release.

He said Lohan has been doing community service daily at the American Red Cross for several days, and that she has also been working to complete two other aspects of her probation — completing a Shoplifters Anonymous course and undergoing psychological counseling.

Last week, Lohan tweeted that she was "working hard and fulfilling my obligations" and was "not to be made an example of anymore.” 

Sautner ordered Lohan to complete 360 hours of her service at the Downtown Women's Center, a shelter and advocacy group for homeless women. The judge praised the center's mission and said during one hearing that she thought being at the facility would do Lohan good.

If Sautner determines Lohan violated the terms of her release, the judge would have to conduct a separate probation revocation hearing at a later date before deciding on whether a jail term is warranted.

The judge warned Lohan at her previous court appearance that she needed to speed up the pace of her community service, and told the actress she wouldn't listen to excuses or grant any extensions.

Since May 2010, the "Mean Girls" star has lived with the constant threat of jail. Her actual time behind bars has been cut short because her convictions are for misdemeanors and because of jail overcrowding.

She served 35 days of house arrest earlier after entering a no contest plea in May to taking a $2,500 necklace without permission.

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