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Lindsay Lohan is set to face Judge Elden Fox this morning at 8:30am to learn her fate over her failed drug test.

The violation of probation could mean a jail sentence of 30 days for Lindsay, who spent only 14 days out of her 90-day sentence behind bars back in July.

But even if the judge does make good on his promise to incarcerate Lindsay if she failed any of her prescribed drug tests, the likelihood that she'll spend more than a day in jail is pretty slim due to over-crowding.

Lindsay seemed contrite on twitter, admitting her "setback", but will she be as remorseful in court today?