TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

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
256.

Kim    

ridiculous! if it were anyone else, they would throw the book at them. i guess she's going to have to kill someone before they do something, oh no. wait...even then...well, with brandy, oj, phil specter. i almost forgot. she actually can kill someone.

2627 days ago
257.

Kat    

*pinches a loaf* I got a nice hot one for Lindsay! This is where her career should be-in the can!

2627 days ago
258.

warren garrison    

YO, PROSECUTOR, HOW MUCH HEAD IS SHE GIVING YOU TO LET HER OFF, OR DID YOU JUST SETTLE FOR A CHUNK OF MONEY? OR, DID YOU GET HEAD AND MONEY?

2627 days ago
259.

Catsy2    

LearnToThink has a good point. Some courts have determined that jail time doesn’t help people like Lohan, treatment does. I think both are needed, especially for people like Lindsey. Where Hilton made her mistake is that she drove recklessly twice. The second time she got caught driving on a suspended license, she was speeding way over the limit, cold, stone sober, and on probation for a previous conviction. Which is worse? I don’t have the answer, but both scenarios are pretty darn scary.

2627 days ago
260.

AveragePerson    

Nikki - No you are right. I know she wont. All of her past rehabs and this one too are a joke. Thats why her ass needs to go to jail and face some serious hard consequences. I didnt take it seriously at first either - when thats who you are and what you do you dont much care - but I will tell you what - knowing that I was going to jail and then going to jail changed that real quick. Would that help her - I dont know. But her getting off with a wrist slap sure as hell isnt going to do anything to help her.

2627 days ago
261.

missme    

Good...now we can wait and watch more of her kooky antics!

2627 days ago
262.

Kat    

I think Lohan is worse than Hilton by far. I think Hilton isn't an alcoholic and just got caught. Lohan really does have an alcohol problem, and Hilton is just a spoiled brat who thinks the law doesn't apply to her.

2627 days ago
263.

Bubbles    

May #261

They have lockdown jail rehabs in Los Angeles. That's what finallly cured Robert Downey.

That's where Lindsay belongs. Not hiking in Utah. Those places should only be for people who aren't a danger to society.

2627 days ago
264.

Kat    

Averageperson,

I hope Lohan gets some serious help, because it doesn't seem like she is going to get it this time with this slap on the wrist like you said. Yes, I agree that she needs to go some jail time to get this through her head. I don't think this is the last time we will be seeing her in the newspapers.

2627 days ago
265.

Concern Citizen    

I cannot believe the Beverly Hills courts. They ought to be investigated. The movie stars go by a different set of laws then the regular public. OUTRAGEOUS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! If she hurts or kills someone driving under the influence, god help her and the Beverly Hills Courts. DO WHATEVER YOU WANT LINDSAY LOHAN, YOU HAVE A GET OUT OF JAIL FREE CARD.

2627 days ago
266.

Kat    

Those day spa rehab facilities don't look like they can help anyone, but go on a vacation. She needs Betty Ford if she doesn't do any jail time.

2627 days ago
267.

Kat    

Hey Lindsay,

Alfred E. Neuman called and he wants all of his freckles back!

2627 days ago
268.

Psych. Prof2    

WOW!! I guess you really can BUY your way out of trouble in LA!! What a complete line of attorney inspired bull feces. I have treated people like her,(and much, much worse than her) and she clearly is NOT LEARNING anything from this kid-glove treatment. She is going to HURT SOMEBODY. I do not believe she is an addict, I believe she is an irresponsible, spoiled, rich, immature moron, who believes she can do what she wants and get away with it. The sad thing is, she IS GETTING AWAY WITH IT!!! Sorry, I have seen too many of these "celebrities" walk away with mere slaps on the wrists for behaviors which would have landed mere mortals in jail or prison. These "treatment centers" are utter nonsense, she should be ordered to go to a bare bones treatment facility if they believe she is an "addict"..the posh places are doing nothing for her, but giving her an excuse for her behavior and also giving the DA reason to rationalize her "problem" and then minimize the tremendous risk she is placing on those in her path. Her "treatment" gives my profession a bad name. Perhaps we need to all work on placing a new Bill regarding this blatant disregard for the justice system when it comes to celebrities ........it is discrimination in the highest form.

2627 days ago
269.

dominatrixdebraopri....    

Terminate her and all her contracts, that's right do it she is no better than anyone else who perpuates this sort of behavior. I wonder if they will give her a nobel peace prize for murduring someone eventually. Hey Lindsay stop dieing before you die wake up bitch before it is really too late!!

2627 days ago
270.

Me    

bitch needs to go to jail...she will end up killing someone and getting off scot free too

2627 days ago
Previous 15 Comments | 15 | 16 | 17 | 18 | 19 | 20 | 21 | Most Recent | Next 15 Comments

Around The Web