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Her attorney argues the actress was unlawfully denied bail

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September 24, 2010 07:35 PM

Lindsay Lohan isn’t going back to the lockup without a fight.

A source close to the actress confirms that her attorney Shawn Chapman Holley filed an appeal Friday, arguing Lohan was unlawfully denied bail.

Lohan, 24, was ordered to jail until an Oct. 22 hearing after she failed a court-ordered drug test in her three-year-long DUI case.

For now, she remains in a solitary cell at a Lynwood, Calif., jail. Since she’s being held for a court date, instead of for a sentence, the jail won’t release her early for overcrowding or good behavior.

“It’s anyone guess if the appellate court will overturn the judge’s order,” says a legal expert, L.A. criminal defense attorney Steve Sitkoff. “Generally speaking, people are entitled to bail in a misdemeanor case, but the law in this regard is ambiguous.”

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