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Although the combination of factors involved is confusing, Lindsay Lohan will likely avoid jail time for her latest infraction, according to sources close to the case.

Here’s the deal. Lindsay violated her probation by failing two drug tests. Judge Elden Fox COULD have Lindsay jailed this morning pending a probation hearing.

By doing so, the judge would ensure she spends time in jail at least until then – but because the underlying offenses are misdemeanors, he has to set bail.

The fashion police should arrest her, at least. [Photo: PacificCoastNewsOnline.com]

This morning’s hearing will therefore be short. Judge Fox will schedule the formal probation violation hearing, and almost certainly remand Lindsay into custody.

Once he sets bail, Lohan will likely post it on the spot and walk out. Standard fare for her. Then she will return for a full probation violation hearing next month.

At that point, it’s likely Judge Fox will sentence Lindsay to 30 days in jail based on the failed test for cocaine … and she’ll walk again, due to jail overcrowding.

Basically, you can bet money Lindsay Lohan will go to jail for booking and be released an hour later, thus scoring another victory over the legal system. Weak.

Thoughts? Should she be required to do more time?