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Lohan Makes Bail Hours After Theft Case Sentencing

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LOS ANGELES (CBS/AP) — Lindsay Lohan spent less than four hours at the Los Angeles County jail in Lynwood before posting bail.

CBS2 cameras caught the starlet leaving just after 9 p.m. Friday in a Cadillac Escalade with a police escort.

“She’s very cordial and optimistic obviously about her release,” Capt. Stacy Lee of the LA County Sheriff’s Department said.

Earlier in the day, Los Angeles Superior Court Judge Stephanie Sautner said she thought the actress had intentionally taken the $2,500 necklace from an upscale Venice store and shown poor judgment in not trying to return it until police became involved. The judge, however, reduced the actress’ charge from felony grand theft to a misdemeanor and imposed the 120-day sentence.

Lohan’s attorney Shawn Holley filed a notice of appeal right before court closed, clearing the way for the actress’ release on bail.

She was freed at 9:21 p.m. after posting $75,000 bail, according to the sheriff department’s website.

Deputy District Attorney Danette Meyers said her office would consider appealing the ruling as well.

Sautner agreed with Meyers that Lohan showed intent to keep the necklace, and said that she thought Lohan’s conduct probably warranted a felony.

“I see the intent here,” Sautner said. “I see a level of brazenness with, `Let me see what I can get away with here.”‘

But the judge said felony grand theft cases involving higher-valued goods are often reduced to the misdemeanor level and thought it was appropriate in Lohan’s case.

“I’m going to give her an opportunity,” the judge said.

She also said she hoped to give the “Mean Girls” and “Freaky Friday” star a dose of perspective by sentencing her to almost 500 hours of community service, including time at the county morgue and 300 hours at a women’s shelter.

KNX 1070’s Ed Mertz reports that Meyers points out that such reductions do not happen with non-celebrities.

“I don’t know of one incident where an individual in Los Angeles County is able to walk into a retail store, take an item, take it home for a couple of days, take it home for 10 days, and not pay for the item and not believe that that person intended to permanently deprive the owner of the property,” Meyers said. “In this case, it was clear she violated the law.”

It is unclear what effect the sentence may have on Lohan’s next acting role. Producers of the film “Gotti: Three Generations” announced on Wednesday that Lohan had been cast to play the wife of John Gotti Jr. in the film.

She told The Associated Press afterward she didn’t think her court case would affect her work.

“I think in the past, I had a lot of distractions,” she said. “I’ve learned a lot. I’ve lived a lot. When I’m on set, it’s about the film.”

Lohan did not visibly react to the sentence. She cried earlier in the day when Holley told Sautner that Lohan had been punished enough, and recounted the treatment programs the actress has completed since her first arrest for drunken driving in 2007.

Her father, Michael Lohan, put his hands over his face at times Friday and bolted from the courtroom after his daughter was led away by sheriff’s personnel.

It was the fourth time Lohan has been sentenced to jail, although three trips amounted to a few hours. Last summer, she spent 14 days in jail on a 90 day sentence.

The actress did not address the court during Friday’s hearing, but frequently conferred with Holley and shook her head when witnesses described some of her actions inside the jewelry store, Kamofie & Co.

Lohan has been a courthouse fixture since last May when she missed a hearing in her drunken driving case. Since then, two judges have sent her to jail twice and rehab, also twice.

She rejected two plea offers to end the necklace case early, including one in which Meyers was seeking six months in jails, the prosecutor said Friday.

Meyers’ witnesses included a police officer who received the stolen necklace from Lohan’s assistant. The investigative detective also testified that she verified the actress wore the necklace days after it was taken and was photographed with it by paparazzi.

Lohan made three visits within a week to a jewelry store that accused her of stealing the necklace but never purchased anything before leaving with the item, the shop’s owner testified.

Sofia Kaman said she waited a day to report the necklace stolen because Lohan had told her she would return the next day to purchase a ring. The actress never returned. The first time Kaman saw Lohan since the Jan. 22 store visit was Friday.

Kaman says she did not have any agreement with Lohan allowing her to leave the store with the necklace.

Lohan was wearing two of her own necklaces when entered the store, and she wore both pieces to court on Friday, taking them off at one point while her attorney cross-examined Kaman.

Holley showed Kaman the necklaces and questioned her about why she didn’t notice the actress was still wearing the store’s necklace, even though Lohan’s neck — and by Holley’s description, cleavage — were clearly visible.

“I wasn’t looking at her chest,” Kaman said. “I was looking at her face.”

(TM and © Copyright 2011 CBS Local Media, a division of CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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