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Lindsay Lohan Update: District Attorney to Decide on Battery Charge for 24-Year-Old Actress

In this Oct. 22, 2010 file photo, Lindsay Lohan, left, arrives for a probation violation hearing at Beverly Hills Courthouse in Beverly Hills, Calif. After three months in treatment, Lohan is scheduled to be released from a rehab center Monday, Jan. 2, 2011. For months, the actress has been haunted by her inability, or unwillingness, to shake a 3 1/2 year old drunken driving case that resulted in two rehab stints and two trips to jail in 2010 alone. (AP Photo/Chris Pizzello, File)
File),(AP Photo/Chris Pizzello

Lindsay Lohan's Freedom in the Hands of District Attorney
Lindsay Lohan (AP Photo/Chris Pizzello, File)
LOS ANGELES (CBS/AP) Lindsay Lohan's freedom now rests in the hands of the Riverside County district attorney's office, which will decide whether or not the embattled actress should be charged with battery for last month's tussle with a Betty Ford Center rehabilitation technician.

If the district attorney's office decides Lohan's skirmish with the rehab worker warrants a battery charge, the Los Angeles Superior Court Judge Elden Fox, who has dealt with Lohan in the past, has said the rehabbed socialite could be sent back to jail for violating the terms of her probation.

John Hall, a spokesman for the district attorney's office, said the findings from the Palm Desert Police Department's probe into Lohan's run-in with Dawn Holland were received Thursday; however, his office is still waiting for additional material from investigators and he did not know when a decision would be made.

The altercation in question occurred Dec 12 after Lohan attempted to sneak back into the rehab center after curfew and reportedly refused technician Dawn Holland's request to submit to a breathalyzer test.

Holland, who was later fired for giving an interview to TMZ, claims that Lohan became belligerent, pushed her, and snatched a phone from her hand causing her to severely sprain her right arm.

Although Holland is no longer pursuing charges, the Riverside County Sheriff's Office said in a news release Tuesday that she violated her probation and wanted her charged with battery.

Lohan was released from the Betty Ford Center about 120 miles east of Los Angeles this week after receiving treatment there since late September in connection with her 3 1/2 year-old drunken driving case.

Lohan's next scheduled hearing before the judge is Feb. 25.

COMPLETE COVERAGE OF LINDSAY LOHAN ON CRIMESIDER