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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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31.

Real Deal    

She was set up by the assitants Mom, that call was so fake and their were so many contridicting facts on this case.

Good for Lindsay!

2555 days ago
32.

flo    

LETS SEE NOW...
THE LAPD LET HER DRINK UNDER AGE AND REFUSED TO PROSECUTE OR SHUT DOWN THE CLUBS,
THEY LET HER DRIVE WASTED AND NEVER ONCE PULLED HER OVER,
THEY LET HER TERRORISE AND ENDANGER OTHER CITIZENS ON THE ROAD.
NOW THEY MAKE EXCUSES FOR HER CHOICES AND GIVE HER A SLAP ON THE WRIST, I AM OUTRAGED.

2555 days ago
33.

megn    

This girl isn't a kid anymore. She is 21 and old enough to be responsible for her actions. Sure makes one realize how screwed over Paris was. Her offense was so much less and she got so much more punishment. This is why we need mandatory sentencing. The court system isn't fair and impartial.

2555 days ago
34.

lees    

send your complaints to:

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

they need to hear it

2555 days ago
35.

TheMediaConnedUs    

Lohan was right... she can DO ANYTHING SHE WANTS! This sooo totally sucks that she is held to a different standard of behavior. But hey, we all learned a lesson here, break the law, hide out in a rehab, all is good. BOOOOOO to the L.A. District Attorney!

p.s. Didnt this bitch carjack a dude then blame it on the "black kid?" What if anything is going to come out of this?

2555 days ago
36.

Sunflower    

She has learned nothing from this experience and the pubic is not safe with her behind the wheel. I guess she will have to kill someone before anyone will do anything.

2555 days ago
37.

Dooky    

Another stupid fake, cokehead, anorexic, firecr0tch polluted rich b*tch that makes a mockery of our legal system once again

2555 days ago
38.

Filta    

Hmmmm, high speed car chase, DUI, cocaine on your person, wouldn't about anyone who is not a celebrity get charged to the hilt with this? Good lord am I so sick of Lohan, someone needs to step in and slap here in the damn face, tell her to welcome to the real world.

2555 days ago
39.

Lo24    

Lock this girl up, this is completely INSANE! They sent Paris Hiton to jail for much less and she hasn't even had another DUI...cocaine set aside what about all of the other crap this little girl has pulled? She is a complete joke and obviously so is our legal system!

2555 days ago
40.

perezsfiredstylist    

Clearly, many of you do not understand the nature of addiction. L.L. is NOT an average person. She is a person who has been earning an income and paying taxes since she was a kid. A lot of people have made a great deal of money off her and despite having an ILLNESS she still has tremendous earning potential. Right now, at age 21 her life could turn around. There is still a lot of hope for her. Some of the general public posting here seem very jealous of this gifted young lady. I for one wish her all the best.

2555 days ago
41.

Dooky    

I hope this b*tch never gets any movie or music offer

2555 days ago
42.

BiGBallin    

If she was poor and not famous, she would already be in jail.

2555 days ago
43.

mickey lou    

Paris didn't act as reckless as this girl. Didn't one of the guys in the car say LILO said not to worry she's a celeb and nothing would happen to her cuz she is LILO!
Please throw the book at this bimbo!

2555 days ago
44.

USHER LISTEN TO YOUR MOTHER    

Oh please this bitch needs to go to jail? Even if she doesnt though...i think her career (or whats left of it) will not be that lucky

2555 days ago
45.

Brittany    

TOTAL BULL.

2555 days ago
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