Lindsay Lohan could escape jail time when she fronts court tomorrow after failing two drugs tests in recent weeks.
Although she is likely to be sentenced to 30 days in jail for testing positive to cocaine, she is likely to be released within hours due to overcrowding.
It had been rumoured the judge overseeing Lindsay's hearing in Los Angeles tomorrow would remand her in custody and revoke her bail, setting a bail hearing in 30 days to ensure she stayed in the cells for the entire time.
But legal experts have told TMZ that Judge Fox cannot do that because of red tape and that he must set bail in court, which is likely to be paid by Lindsay instantly.
That means she is likely to be sentenced to jail, her bail set, paid and the actress shipped off to serve her sentence only to get out a short time later.
Meanwhile friends of the actress claim that when she Tweeted contrite messages to fans owning up to her failed drug tests and taking "responsibility" for them, she was actually drinking at the time.
Ever since the court system deemed the star violated her probation for a driving offense, Lindsay has been on an alcohol ban that won't be lifted until 2011.
US Magazine claims Lindsay composed the Tweets at an LA restaurant where she sucked back Jack Daniels and Coca-cola.
"Lohan composed her missive as her assistant and a male pal coached her on how to make it more personal," US Magazine wrote.
"Her friend would say, 'No, use setback', don't say 'mistake'. They'll say you make mistakes all the time!' " the magazine quotes a friend as saying.
She allegedly joked about drinking booze that night, telling friends, "What are you going to do? I'm 'ill'," - making air quotes with her fingers.
Judge Judy wants to send Lilo into the slammer at least so she can't get any drugs for three months.
If only Judge Judy was presiding over this case and Jerry Springer was her counsellor - what a show that would be!
Photo: Getty/Getty Images Entertainment/Gareth Cattermole
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