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Lindsay Lohan's place in the film was thrown into doubt last week (ends24Apr11) when she was sentenced to 120 days behind bars for violating her probation stemming from a 2007 DUI charge. She is currently free on bail as she appeals the sentence, which was handed to her after she was accused of stealing a necklace from a California jewelry store. She has pleaded not guilty to a misdemeanour charge relating to the alleged theft and will stand trial over the summer (11).

A spokesman for Fiore Films, Steve Honig, has now confirmed Lindsay Lohan is still attached to the Gotti picture as long as her legal troubles don't stop her from working.

He tells the New York Daily News, "She is still in the film provided she can fulfil her obligations. She has been cast in this role. She still has the role and we're very excited about her being in the movie. We're not going to speculate on 'What if this happens, what if that happens.' We're dealing with a few unknowns. Once we start understanding exactly what the situation is, that's when we can start making some decisions."