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"We're dealing with someone on probation. Most people on probation don't always do things perfectly," her lawyer, Shawn Holley, pleaded.
But the court was unimpressed with the judge saying: "If jail meant something in the state of California now, maybe I'd put her in jail,"
Despite the threat, she set a November 2 hearing to decide whether the Mean Girls star should serve another stint behind bars.
Bail was set at $100,000 (£63,000), but Lindsay's spokesman, Steve Honig, said it was immediately posted and the actress was later released from Airport Courthouse.
"Lindsay is hoping this matter will be resolved on November 2 and the court will reinstate probation and allow her to continue fulfilling her community service," Mr Honig said.
The development is just the latest in a long line of legal problems for the 25-year-old, who was given probation for drink driving in 2007 and a misdemeanor theft case this year.
She has also been behind bars four times previously, only to be released early due to overcrowding.