L.A. Superior Court Judge Elden Fox may be faced with having to make good on his threat of more incarceration for Lohan if she violated probation in a DUI case.
“If the latest allegations are true, it just spells disaster for Lindsay,” says L.A. criminal defense attorney Richard Hirsch, who’s not involved with the case. “After all the chances she’s had, the judge may have no other option left.”
Two months ago, Fox spared Lohan from jail after she failed a drug test, convinced that the actress – an admitted addict – needed more treatment and ordered her to remain at the Betty Ford Center until at least Jan. 3.
“I agree that relapse is a part of recovery, but I’m not going to be manipulated,” Fox said, threatening her with six months behind bars if she slipped up again.
The actress, 24, has so far served three stints at a Lynwood, Calif., jail.
“Judge Fox isn’t one to make idle threats,” says another L.A. criminal defense attorney, Steve Sitkoff. “Especially if he decides that Lindsay was the instigator in the scuffle with the Betty Ford employee, that’ll make him more likely to punish her with jail instead of treatment.”
As of Wednesday, both the L.A. District Attorney and Fox had not been officially notified of Lohan’s alleged infractions.