By Hazel Sanchez

NEW YORK (CBS 2/AP) — A judge says Lindsay Lohan can be released on $300,000 bail after the actress appealed a judge’s decision to send her to jail for nearly a month.

Los Angeles Superior Court Judge Patricia Schnegg set the amount Friday evening. Lohan was whisked from a Beverly Hills court Friday morning after Los Angeles Superior Court Judge Elden S. Fox said she should be held without bail until an Oct. 22 hearing.

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The Long Island native was in court because she failed a court-ordered drug test after being released from rehab last month.

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She arrived at the Century Regional Detention Center in Lynwood a shortly after the judge ruling, with sheets held up around her to shield her from sight.

Lohan’s attorney, Shawn Chapman Holley, asked Judge Fox whether Lohan’s full probation revocation hearing could be delayed a week.

“I think your client would rather have it on Oct. 22,” Fox said, giving the first hint that he intended to send the actress to jail.

Holley rose to argue that bail should be set. “Nope,” Fox replied.

Lohan’s father, Michael, was outraged Fox had ordered the starlet back behind bars without bail, CBS 2’s Hazel Sanchez reported.

Lohan said the punishment would not help his daughter.

“Jail is not good for anyone.  I’ve been there.  It doesn’t rehabilitate.  You have to make a choice yourself when you get out, that you’re going to learn from your experience in jail and change your life,” Lohan said.

But Howard Meitiner, President of Phoenix House, a substance abuse treatment center, said jail is the best place for Lindsay Lohan.

“People don’t take it seriously.  They’re gaming the system.  They think it’s a joke and sometimes they need to really have time to reflect how serious their behavior is,” Meitiner told Sanchez.

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Perhaps the third time will be the charm. This is Lohan’s third stint in jail for a 3-year-old drug and drunken driving case.

Last weekend the actress admitted on her Twitter account that she had failed her mandatory drug test saying:

“This is certainly a setback for me but I am taking responsibility for my actions and I’m prepared to face the consequences.”

Lohan’s father said his jet setting daughter needs constant supervision to get her life back.

“She doesn’t stay with her mother when she’s home.  She stays in a hotel, unsupervised.  Is that a good place for her?
It’s all people, places and things.  And she’s around the wrong people, hanging out in the wrong places all the things in her life are misguided.”

Lohan has twice been released early because of overcrowding, with her longest jail stay a 14-day stint on a 90-day sentence earlier this summer.

Los Angeles television stations followed a car said to be carrying Lohan to jail.

She and her mother had arrived at the courthouse together an hour before, while the actress’s father — with whom she’s publicly sparred — arrived earlier.

It was the star’s first appearance before Fox, who had said at a previous hearing he would sentence her to a month in jail for each drug test she skipped or failed.

The actress wasn’t present for that hearing, which was held hours after her release from rehab.

Lohan seemed to acknowledge an addiction problem after news of her positive drug test broke last week.

“Substance abuse is a disease, which unfortunately doesn’t go away over night,” Lohan posted on her Twitter feed last Friday. “I am working hard to overcome it and am taking positive steps.”

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(TM and Copyright 2010 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 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.)

Hazel Sanchez