Elden Fox has a reputation as a fair justice, but one with limited or no patience for defendants if there is any inclination that one has violated his orders.
He's ordered Lindsay Lohan to appear in person at her hearing Friday, even though she's now in rehab and is not planning to dispute her failed drug test(s).
These two facts have Team Lindsay extremely concerned.
THE BELL TOLLS FRIDAY: Lindsay Lohan has reason to worry.
Sources say that after all she's pulled, Fox could sentence Lohan to a year behind bars when she appears for her probation violation hearing tomorrow.
Since she was already on probation when she failed the test that landed her back in rehab (after a few hours behind bars), he has enough legal leeway.
"Even though Judge Fox has said that any failed drug test would result in an automatic 30 days behind bars, he could go beyond that," a source said.
"Beyond that" could mean flat out terminating her probation.If that happens, sentencing Lindsay to a year in jail is on the table. She would get credit for time served earlier this year and probably do 4-5 months.
This still seems unlikely, given the non-violent, mostly harmless nature of Lindsay's antics. But the law is the law, and a message may need to be sent.
The train wreck failed a drug test just three weeks after her release from UCLA Medical Center in August, which itself followed an early release from jail.
She appeared in court and was remanded to custody at Lynwood Correctional Facility. Her lawyer filed an appeal, however, and she was freed on bail.
Lindsay then voluntarily checked into the Betty Ford Center in Rancho Mirage, Calif., where she’s been receiving counseling and treatment ever since.
"I think everyone would like to see her go back to rehab, but there’s an overwhelming feeling that something is going to happen to Lindsay," says a pal.
If she doesn’t go away for a long time, people fear the worst: "They’re reconciling with the fact that she could go to jail for a while ... people are scared.”
Judge Fox refused to meet with Lindsay’s lawyer before the hearing.
What do you think? Should he send her off to prison?