Judge Sentences Lindsay Lohan To 120 Days In County Jail Immediately For Probation Violation, But Sets Bail at $75K; Community Service To Commence Immediately; Reduces Theft Charge To Misdemeanor, But Refuses To Dismiss Case
First Published: April 22, 2011 9:28 PM EDT Credit: Getty Images
LOS ANGELES, Calif. -- FURTHER UPDATE (4:30 PM, FRIDAY):
Lindsay Lohan has been taken back into custody, although it was still unclear as of early Friday evening whether or not she would spend a night, or the weekend, in jail.
According to NBC News’ Jinah Kim from inside the courtroom, Judge Sautner stated, “The prima-facie facts show and prove to the court that the defendant did violate probation.
“The condition is obeying all laws. The sentence in the case of probation is 120 days in county jail now.”
Judge Sautner then said that if Lohan wants to post bail, she could avoid jail.
Either way, Lohan was given 480 hours of community service, requiring the actress to spend 360 of the hours at the downtown women’s center on Los Angeles & 3rd street. “Perhaps then she can see how truly needy women who have fallen on hard times are,” the Judge said.
The Judge also sentenced Lohan to 120 hours at the LA County morgue. “Then she can see what happens when people drink and drive,” the Judge said.
Lohan was ordered to enroll for community service within one week of being released from jail.
She was ordered to return to court in 3 months – on July 21 - for proof of enrollment and progress in community service on the probation violation.
Lohan was then cuffed and taken away by deputies. Her lawyer, Shawn Chapman Holley, was told she could file a “notice of appeal” immediately. Lohan could be released before she even arrives at the jail. It’s all about how fast Holley can file this paperwork, which will allow Lohan to post bail immediately and not go to jail.
The Judge then pointed out that the clerk’s office closed at 4:30, and stated that unless Ms. Holley returned to court in the next few seconds, the court would be adjourned and she would have to file it with the jail. The court would entertain the matter further on Monday.
Therefore, Lohan could spend either maybe just tonight, or the entire weekend, in jail.
Holley then returned with the appeal and said she’d file it with the jail since the clerk had gone home.
According to NBC News’ Jinah Kim from inside the courtroom, “The Judge looked smug and entertained by what just happened.”
The Judge then said, “The jail time may be stayed pending appeal, but the community service will not be stayed.”
Bail was then set at $75,000.
It was still unclear as of 6 PM PDT whether or not Lohan would be released on bail Friday evening.
UPDATE (2:30 PM): After lunch on Friday afternoon, testimony followed from four witnesses, and Los Angeles Superior Court Judge Stephanie Sautner reduced Lohan’s grand theft charge to a misdemeanor, but refused to dismiss the case against the actress.
The misdemeanor carries with it a potential sentence of one year in jail.
Judge Sautner reportedly said more serious cases commonly get reduced to misdemeanors before ruling to give Lohan “an opportunity” with a lesser charge, according to the AP.
The judge then set the matter for trial. Lindsay’s pre-trial hearing will be May 11 and her trial was set for June 3. Lindsay was ordered by the judge to personally appear for both occasions.
The judge then found that Lindsay had violated her probation and told Lindsay’s lawyer, Shawn Chapman Holley, that the defense could be put on now for the probation violation.
The defense began with their most compelling evidence – the store’s surveillance video. Holley described Lindsay as, “a young woman who’s so unbelievably scattered and distracted during her time at the jewelry store that she didn’t realize what she was doing.”
The judge then said, “That’s not in dispute, but after getting home, if she looks in the mirror and sees that she has on this necklace that doesn’t belong to her, a reasonable person calls the jewelry store the next day and says, ‘Oops, I’m sorry, I took the necklace by mistake.’”
The hearing continues. Lindsay could still go to jail today in violation of her probation.
Lindsay Lohan returned to court on Friday, April 22, 2011 and Access Hollywood was on the scene with all of the updates from inside the courtroom.
The 24-year-old actress appeared for a preliminary hearing in her felony grand theft case, in which jewelry store Kamofie & Co. claim Lohan took a necklace worth $2,500 from their Venice, Calif. store.
Lohan – who is heading back to the big screen as Kim Gotti, the wife of John Gotti Jr., in “Gotti: Three Generations” – has previously rejected two plea deals in the case that guaranteed jails sentences and pleaded not guilty in the case. Her attorney, Shawn Chapman Holley, has previously said client is innocent. After her first court appearance in February, Lohan proclaimed her innocence via Twitter and Facebook.
11:51 AM: A break is called. The hearing will resume at 1:30 PM.
11:41 AM: Holley questions Caman about the store having a section on their website detailing which stars have worn which of their pieces. Holley states that the surveillance video footage sold for $25,000. Caman claims she had no direct knowledge about the video appearing on entertainment news shows and said a publicist was responsible for the licensing deal and possible book deal.
11:25 AM: Holley describes what Lohan was wearing during the day in question, saying she had on a low-cut shirt which exposed her neck and chest and showed off some cleavage. Holley uses the French word for cleavage, which causes the judge to ask if she’s speaking French. Lohan and everyone in the courtroom laugh. Judge tells Holley the English word for cleavage is OK.
Holley asks Caman about Lohan’s hair on the day she visited the store, saying she wore it in a bun. Caman describes it as a “sloppy bun.” Lindsay reacts to Caman’s description by looking back at members of the press. The judge asks Caman to be respectful.
11:08 AM: Lohan appears shocked when Caman says she did not know where the actress lived.
11:04 AM: Holley cross-examines Caman. Lohan is all smiles during the cross-examination.
11:00 AM: Holley is seen smiling when Caman says she licensed the surveillance video from the store.
10:53 AM: Caman says she paid $850 for the necklace and marked it up to $2,500, which she states is a standard price markup. Caman says Lohan stayed in the store for approximately 45 minutes and that about 20 minutes passed between the time the actress tried on the necklace and left. Caman says she realized the necklace was missing 10 minutes after the actress had left the store.
While Caman speaks, Lohan takes off the necklace she is wearing and places it on the table. She has also removed her scarf.
10:48 AM: Lohan whispers to Holley while drinking bottled water and playing with the necklace she is wearing, while the DA questions Caman about the alleged stolen necklace.
10:44 AM: The second witness, Sofia Caman, owner of Kamofie & Co., is called.
10:41 AM: Holley finishes cross-examining Comsooksri and she leaves the stand.
10:40 AM: According to Access’ producer, Lohan appears to be less nervous now as Holley tells the court that Comsooksri only seems to remember details from the surveillance tape and not the actual day. Lohan speaks to her dad and appears confident.
10:35 AM: Lohan speaks to her attorney and reads a piece of paper. While talking about Lohan trying on earrings, the DA objects to not knowing what putting your hair on one side means. The judge shoots down this objection, saying, “That’s why I get to rule,” which gets a laugh from the courtroom. Lohan turns around and looks at the media and smiles.
10:26 AM: Holley cross-examines Comsooksri as Michael Lohan is seen shaking his head and smiling.
10:20 AM: DA questions Comsooksri about Lohan’s visit to the store. Comsooksri says the actress asked about a necklace and an antique ring and tried on a pair of earrings. Comsooksri claims she turned to leave with one earring still on, until she reminded Lohan that she was still wearing the other. Lohan then gave back the second earring.
10:14 AM: First witness is called, Kamofie & Co. sales person Tinelli Comsooksri, called to establish intent.
According to Access’ producer inside the courtroom, Lindsay appears nervous. She is fidgeting and touching her face, while repeatedly looking to her attorney.
10:07 AM: Lohan enters the courtroom wearing sunglasses.
The courtroom consists of three rows of seating with 13 seats in each row. The seats are occupied by members of the media, two sketch artists and a few court officials. There are five seats reserved in the front near Lohan.
9:51 AM: Lohan and her attorney arrive in a black SVU. She’s sporting a black jacket and pants, with white scarf wrapped around her neck. The actress wore her hair in a bun.
Michael Lohan is already seated in the courtroom.
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