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D.A. to Lindsay -- You're Not a Felon

8/23/2007 5:02 PM PDT BY TMZ STAFF

Lindsay Lohan ChargedTMZ was at the Beverly Hills Courthouse this morning when the L.A. County District Attorney filed criminal charges against Lindsay Lohan. The charges are seven misdemeanors -- NO FELONIES. And, there may be a plea bargain today at 1:30 PM PDT.

Lohan, who was busted twice since Memorial Day weekend, was charged with two counts of driving under the influence. If convicted of both, she'd face a minimum of four days in jail. If a felony were filed, Lohan could have faced several years in state prison.

As to why no felony charges were filed, the DA says Lohan's cocaine traces "were below the .05 grams required by office policy for felony filing."

Sources tell us there were also problems even proving she was in possession of the drug.

Lindsay GalleryAs for the second case, a law enforcement source tells us the manner in which the cocaine was seized was questionable. In addition, the source says the amount of cocaine "didn't meet the threshold for filing."

But there's more to the story: In deciding whether to file felony cocaine charges, the D.A. always looks at the person and the circumstances. In Lohan's case, the fact that she was busted twice in a short period of time actually helped her. It shows someone is struggling with an addiction problem. The fact that each time she was busted, she immediately checked into a rehab facility also helped her case. Also, her age -- 21 -- and the fact that her upbringing was extremely unstable -- also worked in her favor.

One law enforcement source put it this way: "Prosecutors in this county see a lot of kids in crisis. There are lots of kids struggling with addiction. The first sign of trouble usually involves a car. We're not going to throw every one of them in prison. It doesn't make sense."



327 COMMENTS

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226.

Christine    

This is such bullcrap. "they didn't find enough for a felony possession charge? I've know people that just had a baggie with some residue on it, and they were charged. I just sent an email to the D.A.'s office and I think everyone else should too. Someone is either getting paid off and it's NOT FAIR!! grrrrrrr

2436 days ago
227.

LRT    

I want to see that judge explain to the family whose family member she is going to kill while driving drunk or drugged. People need to write to the DA's office..Yell and Yell loud !!!

webmail@da.lacounty.gov

2436 days ago
228.

Kat    

She will take drink so more and take more drugs, and then she will run to rehab again. Loser!!!!!!!!!!!!

2436 days ago
229.

cak    

#8 - why hate her more? She didn't make these decisions, the DA did. NOT Lindsay. If you were in the same place, you would be hoping that they did the same for you. I think she definitely deserves punishment and some jail time. Along with her rehab, she needs to be punished as well. I have never agreed that rehab is enough, make ANYONE in that position responsible for the acts they did under the influence. She is lucky in this instance. However, think of this, she's not so lucky in life as everyone thinks she is. She has a complete user Mother & Father, both looking for her to support them, she sees her mother starting to do the same to her siblings, she's never been a kid. That doesn't give her a free pass to act out for the rest of her life, it means she is going to have to work harder to be a responsible adult and the time starts now.

What is with the comment...#8 of stupid "W" people. It's ok to be racist towards whites? I operate on the it's not okay to be racist about any color. GROW UP.

2436 days ago
230.

Kat    

She will drink again and take more drugs, and then she will run to rehab. How convenient.

2436 days ago
231.

It'sMeAgain    

Screw that....my brother has been in about 3 1/2 years for DWI's. Nobody was killed or hurt...and I do believe multiple offenses you should do time,and he has multiple offenses,so no I am not looking for sympathy or anything but if this is not preferential treatment,then I do not know what is. He is working middle-class-should not matter but it does.
IS the judge driving a new Bentley? Or better yet,is the judge wearing pants under his robe today?

2436 days ago
232.

Kat    

To wowlearntothink


Who is paying your dumba'ss off? Skank.

2436 days ago
233.

TheSpinZone    

HEY TMZ,
Once again, you have DELETED my comment, this time it was #170

2436 days ago
234.

AveragePerson    

This is BS. Here is me - regular girl in her 20's that made some very poor decisions and managed to get 2 DUI's in a year and JUST got out of jail after serving 5 Days and House Arrest for 18 - and I got a sweet deal in getting that. Thats what happens to your average person at minimum when you break this particular law. Not to mention the Court Ordered Treatment, AA Meetings, Madd Meetings and the 2 Year loss of license. And I didnt even have the Drugs and other crap. These celebs are rediculous. The only way I learned was to face those consequences and that is what she need as well or it will only be a matter of time before we are reading the same shiz about her again - only next time she will hurt herself or someone else. The law and consequences are in palce so that when you do wrong you are punished in the hopes that because of the punishment you will wake up, get your crap together and stop being stupid. I just cant stand it. I bet she doesnt even serve the 4 days and she will be crusin around again in Vegas or wherever else by the end of the summer. F Her and everyone else that thinks this type of 'justice' is ok - Addiction or not. Jail sucks and I wont ever do the things that put me there again. Lesson Learned. Get a Clue.

2436 days ago
235.

wowlearntothink    

Oh Diana, thank you for proving my point in such an intelligent way!

2436 days ago
236.

Sarah Silverman SUCKS!    

I wish she would have had her cocaine drunken car chase here in Phoenix, Arizona. Sheriff Joe Arpaio would have that spoiled brat sweating it out in tent city & working on a chain gang. That behavior would never be tolerated here whether someone was rich & famous or poor. I feel bad for the people of California.

Hey Dellor Kcir #28 - Why don’t you just reveal your true identity? Celebrities and rich people think everyone is jealous of them…not true. Let me clue you in on something factual…celebrities don’t make other celebrities rich…the average every day person does...you dimwit.

2436 days ago
237.

Bubbles    

224. I have never read such hatred before. This girl is what the industry made her.
________________________________

Nonsense. Lots of young, hardworking actors in Hollywood/LA manage to live without getting DUIs, taking drugs, or carjacking.

Lindsay is responsible for her own behavior, and she does NOT have the right to endanger other people. 30 days in yet another swanky rehab won't make any difference. She needs to go to jail and then spend a few YEARS in rehab learning that she is not above anybody else because she's an actress.

Letting her go just feeds into her addiction and confirms her belief that the normal rules do not apply to her.


2436 days ago
238.

reilly's momma    

I don't understand, could someone please explain this to me....Today's hollywood is a pit full of drunken crack monkies who have no regard for the law. They (the number grows everyday) just keep pushing and pushing,. and "justice" keeps stepping back. What will it take for someone famous to truly be punished? Why do they constantly get away with it? Why do we keep letting them get away with it? No one is learning the lesson...Driving while under the influence is wrong no matter who you are. Maybe there should be mandatory sentencing for everyone(equality for all) no matter what you do, or where you are from. Six months from now she will be back at it, and all that they will hear is... "We told you so!"

2436 days ago
239.

Kat    

That is the only way to get a point across to someone like you. Kumquat brain.

2436 days ago
240.

Staci    

This is crap. I guess she was right....she doesn't get into trouble because she is a celebrity.

2436 days ago
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