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Lohan hopes to postpone rehab after jail

Actress wants lawyer to tell judge she wants to see family first

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Access Hollywood
updated 7/29/2010 4:29:34 PM ET 2010-07-29T20:29:34

LOS ANGELES — Lindsay Lohan is hoping to take a break after jail — before heading to rehab — to spend time with her family.

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The actress' lawyer, Shawn Chapman Holley, told People on Tuesday that Lohan wants her to let the judge know the actress doesn't want to go to rehab immediately, as Lohan has been ordered to do.

Photos: Lindsay Lohan Surrenders For Jail

"I think it would only be fair for her to spend some time with her family and that's what she'd like for me to emphasize to the judge," Holley told the mag.

As it stands presently, Lohan has been ordered to report to in-patient rehab 24 hours after she gets out of the Century Regional Detention Facility in Lynwood, Calif., which Access previously reported, could happen as early as this weekend.

Photos: Lindsay Lohan's Day in Court (July 6, 2010)

Holley also told the mag that Lohan is not happy about the speed at which she's been ordered to go to rehab — 24 hours after release — instead of the usual 48 hours.

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"She's a little upset right now," Holley said.

The attorney added that the 24-hours might be cut even shorter.

Photos: The Trials & Tribulations Of Lindsay Lohan

"There's a push now for her to go directly to rehab from jail," Holley told the mag.

Lohan is currently serving a 90-day sentence for violating the terms of her DUI probation. She entered jail July 20, but due to overcrowding and time-served credits, she is expected to serve less than two weeks in the facility.

Photos: Lindsay Lohan: The Early Years

Copyright 2012 by NBC. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  1. No more court

    Lindsay Lohan arrives for her latest probation hearing in Los Angeles on March 29, 2012. The actress was placed on informal probation for the remainder of her 2011 jewelry theft conviction after Judge Stephanie Sautner found she has completed all of her required community service and psychotherapy sessions for her 2007 DUI conviction and probation violations. (Toby Canham / Getty Images) Back to slideshow navigation

  2. Another step toward freedom

    Lohan leaves the Airport Courthouse after her probation update hearing in Los Angeles on Feb. 22, 2012. The actress, 25, received a glowing report from Los Angeles Superior Court Judge Stephanie Sautner and she is one court appearance away from putting her 2007 drunken driving case behind her. (Kevork Djansezian / Getty Images) Back to slideshow navigation
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  3. A quick visit

    Lohan leaves the Airport Courthouse after a probation progress hearing in Los Angeles on Jan. 17, 2012. The actress received another positive report and was dismissed by the judge in no time. (Michael Nelson / EPA) Back to slideshow navigation
    Image: Lindsay Lohan
    Related interactive Lohan's progress report: It's all good!
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  4. No award, just a party

    Lohan arrives at The Weinstein Company's 2012 Golden Globe Awards after party held at The Beverly Hilton hotel in Beverly Hills, Calif., on Jan. 15, 2012. (Frazer Harrison / Getty Images) Back to slideshow navigation
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  5. Post-Playboy fit

    Lohan attends a party hosted by the Weinstein Company and Audi to celebrate awards season at Chateau Marmont in Los Angeles on Jan. 11, 2012. (John Shearer / Getty Images) Back to slideshow navigation
    Image: Lindsay Lohan
    Related interactive Lindsay Lohan's sexy party look gets noticed
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  6. Something to smile about

    Lindsay Lohan is seen arriving for and attending a probation progress report hearing in Los Angeles on Dec. 14, 2011. The hearing lasted less than 10 minutes as a judge told the actress she is doing well under her strict new probation routine of counseling and working at the county morgue. (Getty Images, EPA) Back to slideshow navigation

  7. Confident pose

    Lohan is shown on the cover of the January/February 2012 issue of Playboy Magazine in a photo released Dec. 10, 2011. "Sex and sexuality are a part of nature, and I go along with nature," the "Mean Girls" star says of her in-the-buff photos, which are an homage to the late Marilyn Monroe's own iconic Playboy spread. "Knowing yourself and your body is so important because it gives you confidence, and in life, women need confidence." (Handout / Reuters) Back to slideshow navigation
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  8. Sentenced to 30 days

    Lohan, center, arrives for her probation violation hearing at the Airport Courthouse in Los Angeles on Nov. 2, 2011. Judge Stephanie Sautner formally determined that the actress violated terms of her sentence on a theft charge earlier in 2011 and a 2007 drunken driving charge. Lohan was sentenced to 30 days in jail. (Toby Canham / Getty Images) Back to slideshow navigation

  9. Cuffed and taken into custody

    Lohan is led away in handcuffs after her probation progress report hearing at the Airport Courthouse in Los Angeles on Oct. 19, 2011. A judge was not happy with the actress after she was terminated by the Downtown Women's Center for repeatedly failing to appear for court-ordered community service. (Mark Boster / Pool via Getty Images) Back to slideshow navigation

  10. Far from perfect

    Lohan and her attorney Shawn Chapman Holley appear in court during a probation progress report hearing at Airport Branch Courthouse in Los Angeles on Oct. 19, 2011. "We're dealing with someone on probation," said Holley. "Most people on probation don't always do things perfectly." (Mark Boster / Pool via Reuters) Back to slideshow navigation

  11. Smile for the cameras

    Lohan attends the premiere of the video game "Saints Row: The Third" in Los Angeles on Oct. 12, 2011. The actress caught grief the next day from various celebrity media outlets for what appeared to be a lack of dental hygiene. (Valerie Macon / Getty Images) Back to slideshow navigation
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  12. Red, white and boo

    Lohan is seen on a photoshoot for designer Philipp Plein at Villa Serbelloni in Bellagio on Lake Como, Italy in September 2011. (Mr Cool/vicinoiorio / Splash News) Back to slideshow navigation
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  13. She'll take the work

    Designer Philipp Plein and Lohan attend a news conference to introduce Lindsay as the new face of the Philipp Plein S/S 2012 campaign during Milan Fashion Week Womenswear S/S 2012 on Sept. 24, 2011. (Tullio M. Puglia / Getty Images) Back to slideshow navigation

  14. Plenty of work to do

    Lohan is pictured alongside her attorney during a case review conference in Los Angeles on July 21, 2011. A judge told Lohan she needs to speed up her community service to make sure she meets a deadline to complete 480 hours within a year. Lohan appeared in court to update Superior Court Judge Stephanie Sautner on the progress of her probation in drunken driving and misdemeanor theft cases. (Kevork Djansezian / AP) Back to slideshow navigation
    Related story Judge tells Lohan to speed up community work

  15. Back in court

    Lohan arrives in court in Los Angeles on June 23, 2011. While serving a home detention sentence, the actress was ordered back to court on an allegation she violated probation by drinking alcohol. (Lucy Nicholson / Reuters) Back to slideshow navigation
    Related story Lohan back in court to explain failed alcohol test

  16. No deal

    On March 10, 2011, Lindsay Lohan rejected a plea agreement offered by prosecutors that would have meant a guaranteed return to jail for the actress in her jewelry theft case. She'll return to court in April for a preliminary hearing. (Mario Anzuoni / Reuters) Back to slideshow navigation
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  17. Not staying out of spotlight

    Her court adventures aren't keeping Lohan home alone. She joined Jimmy Kimmel live after the Oscars on Feb. 27, 2011 for the comedian's "After the Academy Awards" show on ABC. She appeared in a skit called Hottie Body Humpilates, which mocked exercise infomercials. (ABC) Back to slideshow navigation
    Image: Jimmy Kimmel, Lindsay Lohan
    Related interactive Lohan joins Kimmel for 'Humpilates' workout

  18. Let's make a deal

    Lohan is escorted by Los Angeles County Sheriff's deputies as she arrives for a hearing at Los Angeles Airport Courthouse on Wednesday, Feb. 23, 2011. Some fashion observers criticized her top for being too low-cut for court. (Kevork Djansezian / Getty Images) Back to slideshow navigation
    Related story No plea deal yet in Lohan theft case
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  19. Case of the stolen necklace

    Lohan was arraigned on a felony count of grand theft on Wednesday, Feb. 9, 2011, in Los Angeles. Lohan was charged with allegedly stealing a $2,500 necklace from a jewelry store in Venice, Calif. She entered a plea of not guilty. (Pool / Getty Images) Back to slideshow navigation
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  20. All eyes on Lindsay

    Lohan, center, arrives at the Los Angeles Airport Courthouse on Wednesday, Feb. 9 to be arraigned on a felony grand theft charge. Her tight white dress came in for criticism as being inappropriate for court. (Jae C. Hong / AP) Back to slideshow navigation

  21. Rehab until the new year

    Actress Lindsay Lohan leaves court in Beverly Hills, Calif., on Friday, Oct. 22, after a probation hearing. Los Angeles Superior Court Judge Elden S. Fox ordered the 24-year-old troubled starlet back to rehab until Jan. 3, telling her she was an addict and faced jail time if she relapsed again. (Robyn Beck / AFP - Getty Images) Back to slideshow navigation
    Related story Judge sends Lindsay Lohan back to rehab
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  22. Going back to jail

    Lohan arrives at the Beverly Hills Courthouse for a mandatory appearance in Beverly Hills, Calif., on Friday, Sept. 24, 2010. The actress was sent back to jail after she failed a court-ordered drug test a few weeks after being released from a previous jail stint and subsequent stay in drug rehabilitation. (Mario Anzuoni / Reuters) Back to slideshow navigation
    Image: Lindsay Lohan
    Related story Judge sends Lindsay Lohan back to jail

  23. Maxim exposure

    Lohan is shown on the cover of Maxim magazine, on newsstands Aug. 10, 2010. The photo shoot took place on June 30, 2010, a week before she was sentenced to 90 days in jail for a probation violation. (Maxim) Back to slideshow navigation
    Related story Scoop: Lohan was 'great to work with' during Maxim shoot
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  24. Orange glow

    Lohan is shown in her prison mug shot at the Lynwood Correctional Facility in Lynwood, Calif., on July 20, 2010. The actress was released to a Los Angeles rehab facility after serving 14 days of a 90-day sentence. (AFP - Getty Images) Back to slideshow navigation
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  25. Last moments of freedom

    Lohan sits in court upon her arrival to surrender and begin serving her 90-day jail sentence for a probation violation in Beverly Hills, Calif., on Tuesday, July 20, 2010. "I don't know exactly how long the jail will keep her. I can only impose the sentence," Los Angeles Superior Court Judge Marsha Revel said. (Al Seib / EPA) Back to slideshow navigation
    Related story Lindsay Lohan taken into custody to begin jail sentence
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  26. Grand entrance

    Lohan, right, walks through a cloud of confetti tossed from the sidelines as she arrives at the Beverly Hills Courthouse on Tuesday, July 20, 2010. The actress has been on probation since August 2007 after pleading guilty to misemeanor drug charges and no contest to three driving charges. (Mark Ralston / AFP - Getty Images) Back to slideshow navigation

  27. Not a kind day in court

    Lohan reacts beside her attorney Shawn Chapman Holley as Judge Marsha Revel rules that the actress had violated her probation on a 2007 drunken driving charge in Beverly Hills, Calif., on Tuesday, July 6, 2010. Lohan was sentenced to 90 days in jail. (Reuters) Back to slideshow navigation
    Image: Lindsay Lohan
    Related story Lohan gets 90 days in jail
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  28. Something to hide

    Lohan arrives at the 2010 MTV Movie Awards in Los Angeles on June 6, 2010. The actress sported a sparkly pantsuit in an effort to conceal a newly affixed alcohol monitoring device around her ankle. (Danny Moloshok / Reuters) Back to slideshow navigation
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  29. Look who showed up

    Lohan, left, listens to her attorney Shawn Chapman Holley during a hearing in Beverly Hills, Calif., on Monday, May 24, 2010. The actress was back in court after missing a mandatory probation hearing in L.A. while partying in the south of France days earlier. Lohan had claimed her passport was stolen and the judge issued an arrest warrant for the actress, who later posted $100,000 bail. (Jae C. Hong / AP) Back to slideshow navigation
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  30. Doing the Cannes-Cannes

    Lohan arrives for the Chopard 150th anniversary party during the 63rd Cannes International Film Festival in Cannes, France, on May 17, 2010. (Matt Sayles / AP) Back to slideshow navigation
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  31. Milking her fame

    Lohan, top, arrives at the "Chanel Ready to Wear" show as part of the Paris Womenswear Fashion Week Fall/Winter 2011 at Grand Palais in Paris on Tuesday, March 9. On the same day, it was reported that Lohan filed a lawsuit against E*Trade for its commercial about a "milkaholic" baby she claims is named for her. She is seeking $100 million in damages and demands that the company stop airing the ad. (Getty Images, E*TRADE) Back to slideshow navigation
    Related story Lohan sues E*Trade over ‘milkaholic’ baby
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  32. Runway debut

    Lohan, right, walks the runway with Spanish designer Estrella Archs at the end of her Spring/Summer 2010 collection for Emanuel Ungaro during Paris Fashion Week on Sunday, Oct. 4, 2009. Lohan served as an adviser for the collection. (Jacky Naegelen / Reuters) Back to slideshow navigation
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  33. Off the rack

    Lohan checks out leggings from her 6126 line during Fashion's Night Out at Bloomingdale's 59th Street store in New York on Sept. 10, 2009. (Jerritt Clark / Getty Images) Back to slideshow navigation
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  34. Businesswoman

    Lorit Simon, creator of Sevin Nyne, and Lohan speak at the launch of Sevin Nyne By Lindsay Lohan at Sephora in Santa Monica, Calif., on April 30, 2009. (Michael Buckner / Getty Images) Back to slideshow navigation
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  35. Daddy issues

    The Suffolk County Police arrested Michael Lohan in Central Islip, N.Y., on April 6, 2009, on a misdemeanor charge of aggravated harassment. Lindsay's father surrendered to prosecutors after he allegedly made a threatening phone call to his girlfriend. (AP) Back to slideshow navigation
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  36. Material Girl too

    "When I was little, every day after school I would come home and put in her 'The Immaculate Collection' disc and karaoke to it around the whole house," Lindsay Lohan said of her recreation of Madonna's 1984 MTV Video Music Awards "Like A Virgin" performance for Glamour's April 2009 Icons issue. (Brigitte Lacombe / Glamour via PR NEWSWIRE) Back to slideshow navigation

  37. Getting a leg up

    Lindsay Lohan attends the launch of her legging collection "6126" at Henri Bendel on October 13, 2008 in New York. (Andrew H. Walker / Getty Images) Back to slideshow navigation
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  38. 'Chapter 27'

    Lindsay Lohan played Jude and Jared Leto, right, played Mark David Chapman in this 2008 film about the days leading up to the infamous murder of Beatle John Lennon. (Peace Arch Entertainment) Back to slideshow navigation

  39. In fashion

    Lindsay Lohan and girlfriend Samantha Ronson, left, attend the Charlotte Ronson 2009 Spring Collection on Sept. 6, 2008 in New York during Fashion Week. (Peter Kramer / AP) Back to slideshow navigation
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  40. Popcorn princess

    Lohan arrives at the MTV Movie Awards on Sunday, June 1, 2008 in Los Angeles. The hottest thing about the event, though, was the smoldering remnants of a huge fire at Universal Studios nearby. (Chris Pizzello / AP) Back to slideshow navigation

  41. Cannes do

    Lohan attends the Dolce and Gabanna party at Baoli, Port Canto during the 61st International Cannes Film Festival on Friday, May 23, 2008 in Cannes, France. (Kristian Dowling / Getty Images) Back to slideshow navigation
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  42. Not so ugly

    Actress Lindsay Lohan attends the "Ugly Betty" in New York preview party at Highbar on September 15, 2008 in New York City. (Andrew H. Walker / Getty Images) Back to slideshow navigation
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  43. Things are getting 'Ugly'

    Lohan stars with America Ferrera, left, during a taping of the season finale of ABC's "Ugly Betty." Lohan plays an old schoolmate of Ferrera’s character Betty Suarez. (ABC) Back to slideshow navigation

  44. Film dishonor

    Lohan is shown in a scene from "I Know Who Killed Me." She was named worst actress for the role and the film was named worst movie, during the 28th Annual Golden Raspberry Awards, which dishonor worst achievements in film. (Tracy Bennett / AP) Back to slideshow navigation

  45. Channeling Marilyn

    Lohan poses as Marilyn Monroe on the cover of New York magazine's Feb. 25, 2008 issue. Clad in not much more than diamonds and sheer fabric, Lohan is pictured inside assuming the same poses Monroe did in her infamous "last sitting" for photographer Bert Stern 46 years ago. (Bert Stern / AP) Back to slideshow navigation
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  46. Making headlines in Italy

    Lohan holds the Capri Global Award at the Capri Film Festival in southern Italy on Monday, Dec. 31, 2008. LiLo's acting skills were upstaged by tabloid reports that she had hooked up with three men in a 24-hour period during her visit. (Pietro Coccia press office via AP) Back to slideshow navigation
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  47. Under arrest

    Lohan was booked for drunk driving and drug possession on Tuesday, July 24, 2007 in Santa Monica, Calif. Lohan was busted 11 days after completing an alcohol treatment program following her arrest in May for similar charges. (Santa Monica Police via AFP - Getty Images) Back to slideshow navigation
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  48. 'Prairie' girl

    Lindsay Lohan co-starred with Meryl Streep and Lily Tomlin in Robert Altman's "A Prairie Home Companion." Hollywood's new It girl has successfully made the jump from child star to adult actress. (Evan Agostini / Getty Images) Back to slideshow navigation
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  49. Baring it all

    In a hotly debated Vanity Fair cover story, Lohan reportedly detailed some mild drug use and a battle with bulimia. She denied it, though the magazine stood by its story. But another cover story in Us Weekly detailed her eating woes and her friends' growing concern about her gaunt figure. A Miami hospital stay only added to the worries. Whether she's all better or still struggling with her health is an ongoing puzzle. (Vanity Fair via Reuters) Back to slideshow navigation
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  50. All grown up

    There was no question Lohan had moved past her "Freaky Friday" days by the end of 2005. (Chris Pizzello / Reuters) Back to slideshow navigation

  51. Big debut

    Lohan appeared in December 2005 on MTV's "Total Request Live" as her new album, "A Little More Personal," was released. But the real talk was about her ongoing health concerns and partying (she'd cancelled a "Regis" appearance the same day), along with her ever-thinner figure. (Jeff Christensen / AP) Back to slideshow navigation
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  52. A whole new Lindsay

    Lohan stirred yet more talk with the new svelte look she unveiled post-"Herbie." With her blond hair and thin body, she seemed ready to join "The Simple Life" with Paris Hilton. Lohan initially explained her look by saying she learned to eat right and exercise, but a different story would soon emerge. (Chris Polk / AP) Back to slideshow navigation
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  53. Outgrowing Disney

    Lohan's big role in 2005 was in yet another Disney remake, "Herbie: Fully Loaded." Rumors circulated that Lohan's breasts were digitally reduced to allievate parents' concerns that Lohan looked too mature, but Lohan and the studio denied it. Still, the message was clear: It was time to move into more mature roles. (Walt Disney Pictures via Zuma Press) Back to slideshow navigation
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  54. Young Raquel Welch

    Lohan stirred debate early in 2005 with her voluptuous body, which seemed to mature overnight. The actress insists that she has not had any plastic surgery. (Evan Agostini / Getty Images) Back to slideshow navigation
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  55. Paparazzi favorite

    Lohan's reputation as a party girl put her into the media spotlight. During that time, she found time to date "That '70s Show's" Wilmer Valderrama. (Chris Polk / AP) Back to slideshow navigation

  56. Getting mean

    "Mean Girls" marked Lohan's first truly starring role. In the film, she plays an outcast who becomes part of an in-crowd and changes in the process. Amanda Seyfried, Rachel McAdams and Lacey Chabert play the other cool girls. (Michael Gibson / AP) Back to slideshow navigation
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  57. Teen queen

    As she entered her teen years, Lohan continued remaking Disney kid flicks. This time she took on Jodie Foster's role in a remake of "Freaky Friday." In the 2003 film, she and her mother, played by Jamie Lee Curtis, wake up one morning to find themselves in each other's bodies. (Ron Batzdorff / AP) Back to slideshow navigation

  58. Double trouble

    For her first big-screen role, Lindsay Lohan recreated the Hayley Mills classic, "The Parent Trap." In the 1998 film, Lohan plays twins who try to bring their divorced parents (Dennis Quaid, Natasha Richardson) back together. (Corbis) Back to slideshow navigation
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