The 'Mean Girls' actress – who was given a 90-day jail term on Tuesday (06.07.10) by Judge Marsha Revel after violating the terms of her probation relating to a 2007 driving under the influence (DUI) charge – is "petrified" about spending time behind bars so is considering appealing as she's been told it will buy her valuable time.
A source told website RadarOnline.com: "Lindsay's lawyer only has to file a notice of appeal with Judge Marsha Revel, and under terms of California law - particularly misdemeanour probation appeals - the defendant must be granted bail. Judge Revel will be forced to give her bail pending the appeal, and Lindsay wouldn't even have to appear in front of Judge Revel again."
"The appeal will take six months to a year to be heard. It's highly unlikely that Lindsay's appeal will be successful. However, it will keep her out of jail for at least the next six months to a year."
Lindsay is due to start her sentence on July 20 and while Judge Revel is legally required to grant her bail if she did appeal, she may tell the troubled star to begin her court-ordered 90-day in-patient rehab programme immediately.
She had initially been ordered to start the treatment within 48 hours of being released from prison.
Lindsay's mother Dina recently spoke out about her daughter's punishment and admitted the whole family are struggling to come to terms with it.
Dina said: "Lindsay's scared to death. It's very difficult, we're not sleeping well, we're not functioning. We cry a lot and we hug a lot. She's petrified, we all are. We're angry. We're disappointed in the system.
"You know, she's strong, but until someone faces something as devastating as that... we're going to have to see. God willing, it won't happen. She's a fighter, and until the final result - we're not giving up."
It had also emerged Lindsay's lawyer Shawn Chapman Holley - who has represented the actress since she was first arrested in 2007 - has resigned from her case.