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Lindsay Lohan Misses Flight to L.A.: She's "Cutting It Really Close," Expert Says

Rehab-bound starlet must be enrolled in her choice of program by 8:30 a.m. court date in Los Angeles

By Natalie Finn, Claudia Rosenbaum May 01, 2013 9:09 PMTags
Lindsay Lohan Freddie Baez/startraksphoto.com

Lindsay Lohan is keeping it exciting.

The 26-year-old actress, who is planning to check into treatment in Newport Beach, Calif., missed her scheduled flight (sound familiar?) to Los Angeles from New York's JFK International Airport, a source confirms to E! News.

The insider also says that Lohan choice of Morningside Recovery was made within the last 48 hours and she wants to go straight from LAX to the treatment center and avoid another court appearance.

Meanwhile, the clock is ticking.

Lohan was given until tomorrow to show proof of enrollment to the judge that sentenced her that she is enrolled in a 90-day rehab program—and she doesn't have all day.

"I would say you're cutting it really close," criminal defense expert Alec Rose, who is not involved in Lohan's case, exclusively tells E! News.

"Her lawyer needs to walk into a courtroom at 8:30 a.m. with documentation that Lindsay is in some lockdown residential treatment program. The judge is going to need to see some kind of documentation that this is a licensed rehab facility that complies with some recognized legal credentialing agency."

If her attorney Mark Heller is not holding such a document when court, then Lohan would probably need to be there to explain in person why he isn't, Rose says, adding that the Liz & Dick star could be found to be in violation of her probation if a judge determines that she didn't comply with the terms of her sentence.

"He will expect Heller to show up with a letter, on letterhead, signed by a counselor, saying they're in the facility," Rose says. "If you don't show up with that...the judge is will ask, 'Why and what have you done, and how many facilities did you contact and what's the problem?'"

"This is more than a month ago," Rose says of Lohan's sentencing, which went down March 18. "The very least, [the judge] will be ticked, if they don't have proof that they were constantly working on this."

If she's found to be in violation of the court order, Rose says, "the judge could easily revoke her probation, order her to appear in court, put out a warrant for her arrest."

In addition to the "locked rehab," which basically means Lohan can't leave the premises unless there's an emergency, she was sentenced to 30 days of community labor and 18 months of psychotherapy and ordered to pay fines and restitution to the other driver involved in her car crash last summer.

UDPATE: We're hearing that Lohan has missed the opportunity for all commercial flights out of JFK and will be traveling on a friend's private plane. Her mom and brother are helping her pack and, as her "90 days and 270 looks" Instagram post indicated, she's planning on bringing a lot of bags.

Morningside accepts patients 24 hours a day, so flying out late shouldn't be a problem.