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Lindsay Lohan Avoids Jail, Checks Into Rehab While Prosecution Investigate Facility

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Lindsay Lohan (WireImage)

Update: Newport Police confirm to omg! they have responded to Morningside rehab facility for crowd and traffic control

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Lindsay Lohan has dodged another jailhouse bullet, as her last minute decision to switch rehab facilities to one not approved by prosecutors will not land her in the slammer.

Prosecutors originally signed off on having the 26-year-old complete her 90-day court-ordered rehab stint at the Seafield Center in Westhampton Beach, N.Y. However, Lohan instead today checked into Morningside Recovery in Newport Beach, California. So, what's the problem?

The Los Angeles City Attorney's Office had no time to check out Morningside and see if it falls under the parameters of the plea agreement. The switcheroo could have been a violation of her plea deal, which could have led to jail time for the troubled actress.

Lohan's attorney, Mark Heller, and Santa Monica City Attorney Terry White, were both in court Thursday morning in L.A. debating whether or not the "Mean Girls" actress was in compliance with the agreement.

Heller argued that Morningside fit the criteria, while the prosecution called the last-minute change "inappropriate."

Prosecutors had interviewed and spoken with the executive director of Seafield and they found this rehab center met all the requirements they were looking for, so they signed off on it. As for Morningside, White said, "We did not approve this facility, we did not look into this facility, we don't know anything about this facility."

[Related: Lindsay Packs 270 Outfits for Rehab]

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Mark Heller arrives at court on May 2, 2013 (Splash News)

L.A. Superior Court Judge James Dabney said he believed Morningside would fall within the guidelines of the plea agreement; however, the prosecution is entitled to establish and verify the Morningside program itself.

So, where does that leave Lohan? Heller confirmed she is currently checked into the treatment center, that she is meeting with a psychiatrist today, and that therapy "is under immediate commencement."

The judge said he has no problems with Lohan remaining in the program until this issue is resolved, but if Morningside does not measure up to meeting the requirements of the plea agreement by the prosecution's standards, she will have to switch rehab centers.

What are the chances that Lohan will stay at Morningside? The controversial treatment center had to shut down residential services last year when investigators from the state Department of Alcohol and Drug Programs found that Morningside had been careless with prescription drugs. White hinted that he was aware of this in court, revealing that his office had read articles condemning this rehab facility.

Prosecutors have until May 10 to inform the court if they are OK with the Morningside program or not. If not, a new hearing will be set.

Dabney also told Heller that he would need to show proof that Lohan had completed her treatment by July 31. The judge also informed attorneys on both sides that they needed to stop leaking information to the media, pointing out that reporting on Lohan's goings-on has "been quite impressive."

Is it any surprise that Lohan can't even enter rehab without drama? Sound off, below.

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