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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
286.

wowlearntothink    

AveragePerson: Yes, I agree that without the money to hire a high-powered lawyer, the chances of getting a sweet deal are minimal. But she hadn't made a plea yet either when I had posted. She had merely been charged, which again, is not admitting guilt. Pleading no contest isn't even saying you're guilty (it implies it), it's saying you aren't going to fight it.

I also agree that there are consequences that need to be paid, but my post was really only about the comparisons being made with other celebrities and I wasn't weighing in on what Lindsay should or shouldn't have been charged with.

2517 days ago
287.

Kat    

Wowlearntothink:

You aren't a lawyer, but you seem to think that you are one. Shut up.

2517 days ago
288.

wowlearntothink    

You don't need to be a lawyer to have common sense and the ability to process information. And I stopped telling people to "shut up" in elementary school.

2517 days ago
289.

wowlearntothink    

Aww, poor dear. Have I upset you?

2517 days ago
290.

Kat    

I am a conceited b'itch who thinks I know everything. My cup has runneth over.

2517 days ago
291.

wowlearntothink    

Exceedingly original.

2517 days ago
292.

janeyre    

The DA and Judge, are not doing her any justice... She will kill herself, if she doesn't get proper help... Or she will kill some one else... I guess then, the law should be held accountable, also... They saw fit, to give her freedom, they should pay, when she kills someone... She will, you know... Just a matter of time...

2517 days ago
293.

SH    

well, I guess the comment she said in the car with the boys was true....can't remember the exact words but gave ref. that "She's a celebrity ".....
I know one thing... if it had been an ordinary citizen, with limited money and no status standing before the judge, and had done the LONG LIST of crimes she did... I would be in jail. ....well....... When she kills someone because of "her unstable home life" ....and her "struggle with additciton" .. since those 2 things helped the DA decide her case....I hope the victims family willl sue the DA's office for all they are worth . (which would not be much) One day in Jail.?????? I NEVER thought I would say this....but all LL is guilty of makes Paris look like a saint.

2517 days ago
294.

Kat    

I am the stupid person's idea of a clever person. I am so intelligent that I can tell you everything I know in 10 seconds.

2517 days ago
295.

Kat    

I don't want to turn the other cheek - it's just as ugly.

2517 days ago
296.

Truth is stranger than fiction    

Bodo is right.

Lohan is skating on some pretty thin ice. If she violates her probation, she will be doing a LOT more jail time than Paris did for violating her probation.

2517 days ago
297.

sabrina    

WOW...I'M using the Lindsay defense if I get busted works for her?? Should work for ALL of us....

2517 days ago
298.

Bohica    

She'll be dead in a year.

2517 days ago
299.

todd lissner anti adult anti wholesomeness activist-----(kadintodd2@aol.com)    

congradulatons lindsay drinks r on me!!!lol its amain theda acually acted l.ike a peson and considrer that she was busy.d.realy her father abused her.druz should be legal neway.

2517 days ago
300.

snortrumble    

I wonder if this part of her life will be rewritten for her obituary

2517 days ago
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