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Lindsay Likely Going Back to Jail, Expert Says

A Beverly Hills judge has issued a warrant for Lindsay Lohan's arrest after the troubled actress failed two recent drug tests. Lohan will be heading back to court this week -- and quite possibly to jail.

CBS News correspondent Ben Tracy reported on "The Early Show" Tuesday it looks as if the starlet is headed back to court on Friday. She's been ordered to appear, or face arrest.

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Jim Moret, chief correspondent for "Inside Edition," told CBS News, "This judge is going to be angry. I'm sure this judge is plenty mad, and could be mad enough to say 'You're going back to jail and then, when you get out you're going right into rehab again." '

Over the weekend, Lohan showed up at an Alcoholics Anonymous meeting after admitting that she had failed two court-ordered drug tests. She reportedly had cocaine and amphetamines in her system. On her Twitter page, she said, "Substance abuse is a disease, which unfortunately doesn't go away over night. This was certainly a setback for me, but I am taking responsibility for my actions and I'm prepared to face the consequences."

Those consequences could be severe. The judge could send the 24-year-old back to jail for 60 days. This summer, Lohan spent 14 days behind bars and 23 days in rehab. She was released early on the condition that she stay clean and sober. In this month's Vanity Fair magazine, the actress said she had learned from her mistakes.

And just a week ago, she poked fun at her problems on the MTV Video Music Awards.

But nobody is laughing now. The actress had hoped to resurrect her career by portraying 1970's porn star Linda Lovelace in a new movie that starts shooting in November. But now, says Kirstin Benson, editor of, she may be too much of a liability, and her comeback has been put on hold.

Benson said, "That ship has sailed right now. Her comeback story is not going to happen for at least another year. Nobody wants to touch Lindsay Lohan!"

Yet, Hollywood knows she can act. Tracy remarked the question now is -- can she finally get her act together?

On "The Early Show" Tuesday, CBS News Legal Analyst Jack Ford said she's got to get it together -- at least for her court appearance on Friday.

"Basically, the court said we're going to put a hold on (her arrest). It's out there," he said. "'If you don't show up 8:30 Friday morning for a hearing, then we will come get you and bring you in in handcuffs, if we have to.' But odds are she will be there Friday with her lawyer. The question is what happens when she gets there."

Could Lindsay be headed back behind bars?

Ford said she could possibly go back for 60 days -- 30 days for each drug test she failed.

He told "Early Show" co-anchor Maggie Rodriguez, "I don't think there's any doubt he's going to send her back to jail. The court systems won't have any integrity (if they don't). They sent her to jail for the first place for 90 days and she did 14, they sent her to 90-day rehab and she did 22."

He added, "I think the real question for the California justice system is, is there any integrity to the sentencing structure? And if I'm the judge I'm terribly upset by all of this."

Rodriguez remarked, "(Lindsay's) kind of made a mockery of the justice system."

Ford responded, "In some ways the system has made a mockery of herself. When they said to her 'You leave,' she's not going to say, 'No, no, no, no thanks. I'll stay here in jail.' If they told her to leave there, it's not her fault that she left. But it is her fault that she violated this. And the big question is, will the judge say, 'Your violation is a failure,' or there are two separate failures that could be 60 days."

But is jail really in Lindsay's best interest? Should she be going back to jail?

Clinical psychiatrist Dr. Dale Archer said, "I was the first one to say, when she violated probation, she needed to go to jail, a couple of months ago, because she felt the rules didn't apply to her, so it was a wake-up call. But then she goes to jail, she goes to rehab and she's only there for three weeks of a 90-day sentence. I don't understand that. I don't feel that she really had the tools to be able to get out and to maintain sobriety. So, I look at the system and say, now, send her to rehab for 90 days. If you fail that, if you relapse, then you're going to jail, but at least give her the full 90 days. Give her a chance."

Archer said it all should start with rehab -- and Lindsay's willingness to work on her problems. He said that's especially true when the people around her - including her mother - are tolerating her addictions.

He explained, "One of the things you learn in rehab is that you're responsible for your own actions. No doubt the parents are a problem. They're enablers. But she has to maintain sobriety in spite of them. So, a 90-day term, she learns about enablers. She learns about cravings. She learns about her addiction. And how to stay sober. All of those things cannot be used as excuses. No doubt the parents are a problem. But right now, Lindsay has to do it on her own. And the parents can come on board at some point, but it's up to her.

Michael Lohan, Lindsay's estranged father, has written to the court, pleading for rehab for his daughter, rather than jail time. He has also appeared on several news outlets, including "The Early Show," saying Lindsay needs treatment.

Ford also added he's heard reports that the suit she filed against E-Trade over a Super Bowl commercial that depicted a baby as "that milkaholic Lindsay" has been settled. Lohan claimed the baby was an alluded to her.

Ford said, "She took personal offense to that, filed a lawsuit. We're told it was settled, it is over. Reported that maybe a little bit of money changed hands, but that part of her legal problems we're done. But there's a lot more coming up."

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