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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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271.

Bubbles    

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."
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CORRECTION: Prosecutors in this county see lots of celebrities in crisis. There are lots of celebrities struggling with addiction....We're not going to throw every one of them in prison. It doesn't make sense. You see, if we threw all of the drug addicted celebrities in jail, we would have no room in our jails for the drug addicted minorities. And we all know how important it is to lock up minorities. What kind of message would we be sending to them if we didn't? So you see, we had no choice but to throw out the felony charges against Ms. Lohan.


2561 days ago
272.

AveragePerson    

And #229 - No she TECHNICALLY hasnt been convicted of anything... because her high price lawyer works plea deals for her as he is right now...Which is all good and fine and a normal part of the process. HOWEVER - PLEA DEAL = GUILTY. Before you start calling other people stupid and such check your self. The Comparisons to he other celebs arent just - with that I agree with you however what she is most likely facing in the way of consequence is NOT JUST NOR FAIR. Average People dont get those cushy deals and off so easily.

2561 days ago
273.

stop the madness    

People send in protest to the da

2561 days ago
274.

Poser    

This is BS, I had a first time DUI not driving, but behind the wheel charged with intent to drive and it definately was not a slap on the hand. It was 9 months of pure hell not to mention the $$ and 10 years no longer a good driver. Prior to this, I have never even had a parking ticket and had been driving for over 35 years.

2561 days ago
275.

Complicated    

If as many people protested the courthouse and police stations, that post on this website, that coke whore might be in jail. She's different then Paris because Lindsay is legitmately crazy....that makes her dangerous.

Everyone knows her rehab is another stunt. The spa in Utah, is as fake as Promises. It's a scam. It's run by the mormon church to get money out of rich people and hopefully convert them. She couldn't have picked a worse rehab if she had gone to the church of scientology.

But don't worry, when she gets out again, and kills someone next time....the judge just might make her do a day or 2 in jail.










2561 days ago
276.

Russter    

And maybe, just maybe, after all of those civil suits have drained her money and she had to go to work like the rest of us, just maybe, she'll go to work as an EDI Analyst at a men's and women's accessories company and sit in the cubicle next to mine!! And maybe Paris will come with a cold beer and rub my feet... and, and then Nicole could show up in a tu-tu with a jar of peanut butter and

2561 days ago
277.

Cindy    

Celebrity justice is still alive and thriving.....

2561 days ago
278.

Kat    

You said it perfectly Angel!

2561 days ago
279.

tifany from richmond    

Leave the poor girl alone she obviously has a problem with substance abuse. Throwing a person in jail that is sick is awful and that is what is wrong with our society!!!! Everyone needs a second chance, and its not like she is talentless like paris!! Lindsay is awesome and I still love her!!!!!!!!!!!!!!!!!

2561 days ago
280.

Catsy2    

To #266 - Sickofit

That sounds like the perfect solution! It combines both jail with rehab -- and Lohan needs both. I remember the case with Robert Downey, Jr., but wasn't aware of what finally helped him. For a while, I didn't think he was going to make it, but was glad he finally succeeded.

2561 days ago
281.

Christine    

and here is yet another celebirity laughing at the world saying "im famous and can get away with anything". If it had been a reg joe citizen they would have been doing alot more the 4 days...what a joke and a fool these ppl r being made to look. get some real judges who cant be bought off ffs.

2561 days ago
282.

Parents Need to Know    

Let the LA Dist. Attorney know your thoughts on this travesty of justice:

http://da.co.la.ca.us/feedback.htm

Email MADD - get involved:

http://www.madd.org/aboutus/10372

Email/write your outrage to Lohan's attorney Blair Berk:

http://www.lawyers.com/California/Los-Angeles/Blair-Berk-148386-a.html

BOYCOTT anything Lindsay Lohan has her hand in, name on.

This is a travesty of justice and we should not stand for this.

Would the average working class get the same special treatment?

HELL NO!

Can't wait till Nancy Grace gets a hold of this one!

2561 days ago
283.

5 cent    

so, what happens next time? Do they just take away her Costco card?

2561 days ago
284.

janeyre    

On come on... None of you are surprised are you? She meets the criteria for freedom...

2561 days ago
285.

janeyre    

Luck had nothing to do with it Jennjen... Just think about it...

2561 days ago
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