Has Lindsay Lohan violated her probation? That might mean jail

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You know that kerfuffle over Dr. Drew Pinsky‘s bold suggestion that someone set up Lindsay Lohan so she’d be sent to jail? Turns out it might be taken care of by the court, no sketchy setup required.

After a 2007 DUI conviction, Lohan is on probation that includes attending alcohol education classes every seven days. TMZ reports that although no negative report has been sent to the court, that could be the result of a technicality, not evidence Lindsay is actually doing what the court ordered. State law requires the school to report an attendance violation only after a person doesn’t show for 21 days.

Whether Lohan has lived up to the judge’s orders may be seen at a May 20 progress hearing, and a violation would likely mean a trip back to jail for Lohan, who has already gotten a break or two from the court -- and also has 84 minutes of experience behind bars.

The mandatory minimum sentence was four days in jail, but she was given credit for time served and also swapped two days in jail for 10 days of community service.

A warrant was issued for her arrest in March 2009, but was recalled by Judge Marsha N. Revel after a ‘misunderstanding’ was clarified. Revel ordered Lohan to appear in court Oct. 16, 2009, and extended the actress’ probation because the alcohol education program had sent a letter to the court saying she had not been attending classes. Lohan was warned at the time to notify the court in advance of any expected absences.

The every-seven-days condition would not hold if Lohan were in in-patient rehab, however. Perhaps Charlie Sheen was on to something with his ‘preventative’ trip in February.

Lindsay left Los Angeles for New York on Thursday night to shoot a Mother’s Day special for the E! network, TMZ says, in which she and sister Ali will help mom Dina Lohan rearrange her closet.

-- Christie D’Zurilla

Related dispatches from the Ministry of Gossip:

PREACH IT! There are no words to describe the Lohan mess. Or are there? Lindsay Lohan is let go from film; Perez Hilton lets it fly on Twitter

Roman Polanski has to show up -- Jake Harris and Lindsay Lohan too

Michael Lohan, deputies check on daughter Ali at Lindsay’s apartment

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