Lindsay Lohan Will Face Jail Time If She Accepts DA's Deal

Feb. 23, 2011— -- Lindsay Lohan is free for another day but a California judge warned her that she faces more jail time.

The starlet, who is out on $40,000 bail, returned to court today on the felony grand theft charge she's facing over a stolen necklace.

Los Angeles Superior Court Judge Keith L. Schwartz made it clear that if Lohan accepts a plea deal from the district attorney and pleads guilty or no contest, she will go to jail.

"This case does involve jail time. Period," Schwartz told Lohan. "If you plead in front of me -- if this case resolves in front of me -- you are going to jail. Period. I don't want you under any apprehension. You will be going to jail."

Schwartz continued the case one more time, to March 10, to give Lohan's lawyer Shawn Chapman Holley a chance to review the evidence from prosecutors, while adding, "I get the impression that you're not going to accept the DA's offer."

Wearing a low-cut black top and white pants, her hair slicked back in a ponytail, Lohan stayed quiet through most of the hearing.

If she rejects the prosecutor's offer and pleads not guilty, Schwartz will set the case for a preliminary hearing to go to a jury trial. And Lohan will go before another Superior Court judge who could still send her to jail for violating her probation stemming from her 2007 DUI case.

"You will be treated exactly the same as anyone else, no better, no worse," Schwartz said.

"I don't want you to be a repeat offender in the system," Schwartz told her. "I want you to get on with your life and reach whatever potential you have."

The judge said he would add psychological counseling as part of Lohan's sentencing if she accepts the plea deal. And he urged her to get a "reliable, trustworthy sponsor unrelated to your family members" to help her deal with her substance abuse issues.

Outside the courtroom, her father Michael Lohan said his daughter "on the path of recovery.

"She's clear-eyed and focused," he told reporters. "I can't tell you how proud I am of her."

He also commented on her courtroom attire. At her last appearance, Lohan wore a tight white dress that drew headlines. But he said if she had worn a suit then or today, it wouldn't have been Lindsay.

The L.A. District Attorney's Office formally charged Lohan with felony grand theft on Feb. 9. If convicted, Lohan could go to California state prison for up to three years. The 24-year-old actress already has been to jail three times in the past three years for DUI, drug possession and probation violations.

Lohan reportedly has said that the necklace was loaned to her by Kamofie & Co. and her assistant returned it to police.

After detectives started looking into the case and began preparing a search warrant, a friend of Lohan's brought the necklace to the Pacific Division police station.

It's not the first time the star has been connected to a theft investigation.

In 2009, British police investigated the disappearance of $400,000 worth of Dior jewels from a photo shoot Lohan did with Britain's Elle magazine.

At the time, Elle released a statement exonerating Lohan, saying, "Elle has no reason to believe that Lindsay Lohan was in any way responsible."

In 2008, Lohan was sued by a college student who claimed the actress stole and wore her $12,000 mink coat.

In April 2010, Lohan was questioned by police in connection with a stolen $35,000 Rolex. The person who filed the report withdrew her complaint before police could determine if a crime had been committed.