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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

No Avatar
241.

butterflypatty    

run,run to rehab then drink,drink, your Jack sit your ass down and smoke now look at you! you can't walk, talk and your teeth are rotting and no one wants you around. thats what you have to look forward to if you really don't change your ways.

2429 days ago
242.

Kat    

This self-absorbed little twit has had everything handed down to her. She thinks she is above everything and the law too. All she has to do is exchange money, and all of her problems are solved, and she can go on her merry way and drink all she wants and sniff the cocaine up her nose. No big deal. She can go to rehab again to escape further charges. Poor little rich white girl.

2429 days ago
243.

jacy    

I live in California and I am so upset by this, I guess its going to take Ms Lohan, Ms. Hilton and all the other nuts to kill someone before these Judges and D.A. do something to them, if it was me or you we would be locked up for years. Guess its the money they are getting under the table.

2429 days ago
244.

Wild honey music company    

I am a Liberal American and I love Lilo anyway...East coast rocks!! I don't think Jail equals realistic treatment for addiction.

2429 days ago
245.

L.B.    

WHAT A SICK JOKE....THIS BITCH SHOULD BE IN THE SLAMMER....I AM SICK OF CELEBRITIES GETTING SPECIAL TREATMENT....I THINK PEOPLE SHOULD PROTEST AND LET THIS SICK BITCH GO TO JAIL...THER'E NO JUSTICE AT ALL...WHAT IF SOMEBODY DIED? THERE YOU GO, PEOPLE...DRINK AND DRIVE DON'T WORRY YOU WON'T BE GOING TO THE SLAMMER UNLESS YOU ARE A CELEBRITY....SICK...

2429 days ago
246.

Patti    

I wonder how much $$$$$$$$$$$$$$$$ the DA accepted?!

2429 days ago
247.

Kat    

I wholeheartedly agree with Averageperson. How is this hobag going to get 4 days when Paris gets only 43 days in the can for one DUI. This idiot has cocaine found in her car, and in her jeans pocket?? Tell me how this makes any sense? BS.

2429 days ago
248.

Jamie    

How is alcoholism and drug use an illness? Last time I checked illness wasn't a choice, but alcoholism and drug use is. She is getting off way to easy. We are not jealous of her, it is just a bunch of b/s that she is getting off pretty much scott free. I really hope she has learned her lesson before somebody seriosly got hurt, but I doubt it. Let's hope this trashy bimbo finds her true calling...PORNO!!!

2429 days ago
249.

anonymous    

Step 5:
"Addimitted to God, to Ourselves and to Another human being the exact Nature of our Wrongs (ie self centered, better 'than', 'not subject to repremand')"

Step 9:
"Made direct Amends to such people whenever possible, Except when to do so would inure THEM or OTHERS"
Guess Lindsey falls under the 'OTHERS' category...

Lindsey needs to remember the elevator to recovery is broken...WE must TAKE the STEPS. OH, and we need to take them in ORDER...it is SO Simple, but it is not EASY!

2429 days ago
250.

Kat    

243. She has smart people working for her dumb ass. So it's fair.


No, it isn't fair sticky butt. Another ho is gets off free.

2429 days ago
251.

Kat    

I hope all those people wipe out her bank account and sue the pants off of her. No more movies for this untalented ugly brat.

2429 days ago
252.

AveragePerson    

And the most important lesson that I learned through this the Hard Way...The definition of INSANITY is doing the same things over and over again expecting a different outcome.

Thats where I was. Thats where she is. It will not end without true hard consequences and honest commitment to getting better.

2429 days ago
253.

Kat    

I hope all of her movies bomb too.

2429 days ago
254.

God Bless America    

You do the crime, face the consequences. I thought cocaine use and/or have it was illegal. I did not know the amount was an issue. Sounds like Hollywood stars are faced with different laws that everyone else.

2429 days ago
255.

Kat    

Averageperson,

Do you really think she will take getting sober seriously?? I am betting on "no". LOL.

2429 days ago
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