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Avoiding jail is a long shot for Lindsay Lohan

Will the star's recent actions help her avoid her jail sentence, or is she simply delusional? It’s a long shot, but there's a chance that with the right maneuvering, she won’t see the inside of a cell.
/ Source: TODAY.com

Lindsay Lohan and her mother, Dina, have been adamant about the idea that Lindsay should not have to serve jail time for violating her probation in a 2007 DUI case. In last-ditch efforts to avoid jail, the actress has changed attorneys (she went from Shawn Chapman Holley to Robert Shapiro, who TMZ reports resigned Monday night) and she’s checked herself into Pickford Lofts, a sober-living house in Los Angeles founded by Shapiro.

Will these actions help Lohan avoid her 90-day jail sentence, or is she simply delusional? It’s a long shot, but there is a chance that with the right maneuvering, Lohan won’t see the inside of a cell.

“There’s a lot of things lawyers can do legally to get arguments heard before a judge in this situation,” according to Tom Anelli, a New York-based defense attorney who specializes in DWI defense.

In order for Lindsay to eschew jail, whoever represents the star would have to get in front of Judge Marsha Revel and argue that Lohan and society is better off if the star is not in jail but is instead at sober-living facility or another rehab. However, the judge is under no obligation to entertain any such argument.

“Is there legal grounds for the judge to hear an argument? In this case there isn’t, as far as I know," said Anelli, who is not involved with Lohan’s case. "But judges are given deference to do these sorts of things."

Much has been made of the idea that Lohan might have received an overly harsh sentence. Regardless of any success a lawyer has in keeping her out of jail, Anelli thinks the sentence was fair.

“I think Lindsay thumbed her nose at the system for far too long and the judge didn’t have any recourse. She couldn’t ignore a star’s ridiculous behavior or say, ‘I’m just going to slap you on the wrist,’ ” said Anelli. “If Lindsay goes into treatment and doesn’t take it seriously, she’ll fail. For this woman to take treatment seriously she needs a wake-up call to realize how serious this is, and in order to wake somebody up who’s acting how she’s acting, you need jail time. Then rehab has a chance of working.”

Alleged Tiger mistress’ ‘Rehab’ stint a surprise
News that alleged Tiger Woods mistress Rachel Uchitel was joining the fourth season of “Celebrity Rehab” came as a shock — not just to followers of the Woods debacle, but to many people involved in the VH1 production.

“It was news to us,” said one production source. “I think everyone was shocked that she agreed to it.”

According to the source, Uchitel (who is described in press materials not as a supposed mistress but an “infamous party planner”) and her fellow rehab residents moved into the Pasadena Recovery Center July 17. So how’d everyone involved keep things so quiet?

“(Uchitel’s contract) really came down to the wire,” according to the source. “Things became official as they were moving into the house.”

Uchitel, who has been spotted out and about in the Hamptons this summer, is addressing an addiction to pills on the show. Her fellow castmates are Jeremy London (“Party of Five” and “7th Heaven”), Janice Dickinson, Leif Garrett, Frankie Lons (Keyshia Cole’s mother), “The Hills” star Jason Wahler and socialite Jason Davis, who recently appeared on “Millionaire Matchmaker.”

Filming continues through Aug. 7.

Courtney Hazlett delivers the Scoop Monday through Friday on today.msnbc.com. Follow Scoop on Twitter @courtneyatmsnbc.