Lawyer: Lindsay Lohan Wants Time with Family Before Rehab

07/27/2010 at 08:45 PM EDT

Lawyer: Lindsay Lohan Wants Time with Family Before Rehab
Lindsay Lohan
With less than a week left in jail, Lindsay Lohan is now thinking – and worrying – about what comes next: her mandatory three months in rehab.

"She’s a little upset right now," her attorney Shawn Chapman Holley said after visiting the actress Tuesday. "She'd like to spend some time with her family, and there’s at least some question as to whether or not she’ll have to go directly to rehab."

Prosecutors confirmed Tuesday that Lohan must report to an L.A.-based residential rehab facility 24 hours after her release from jail, which likely will be Sunday or Monday, but her attorney is concerned "there's a push now for her to go directly to rehab from jail."

"I think it would only be fair for her to spend some time with her family and that’s what she’d like for me to emphasize to judge," says Holley.

Lohan, 24, has been jailed at the women's facility in Lynwood, Calif., since July 20 for a 90-day sentence for violating probation in a DUI case. Her term is being reduced due to overcrowding.

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