04/01/2011 at 08:00 AM EDT
should be on top of the world after prosecutors decided not to move forward
with allegations she assaulted a Betty Ford Center
employee back in December.
Instead, she ended up on the floor outside a Lower East Side bar Wednesday night.
Now Lohan, 24, is fighting back buzz that her slip was due to a bigger slip-up, and she's insisting she wasn't drinking – "im [sic] always a klutz," she writes on her Facebook
The photos show the actress, who left rehab in January
, down on her knees on the sidewalk in heels and a fur coat. She seems to struggle to get back on her feet, and in one image, her forehead is pressed to the ground.
"Is it not allowed to slip and fall?" she also wrote, adding on Twitter
, "funny now making a joke can turn into….[sic] well, me falling and a story."
Lohan is spending time in New York before she goes back to court April 22
for allegations that she stole a $2,500 necklace from a Venice, Calif. shop. She'd previously been spotted enjoying the nightlife
, including a string of seven club outings in four days mid-March.
Thursday night this week she stepped out with friends (a male and a female) for a low-key evening in SoHo, catching a private screening of Jake Gyllenhaal
's latest, Source Code
Her mom, Dina, says her daughter plans on continuing to spend more time in New York and is currently looking for a place to live. "She loves it here," Dina tells New York's Daily News
. "And she has a lot of friends who already have places, so she might sublet."
Additional reporting by SHRUTI DHALWALA