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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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61.

RealityChick    

WHAT A CROCK!!! No, they don't want to lock up ALL of the kids who have problems - only the ones who aren't RICH and/or FAMOUS!!! This is just such an insult to everyone with more than two functional brain cells...

2618 days ago
62.

BiGBallin    

Stop playin, dooky. Nobody respected her in the first place!!

2618 days ago
63.

Let's Get Real    

Let's get real here. We all know it's because she is a celebrity. Are you telling me if it was a hispanic or black woman, or for that matter a non-celebrity white girl, that they would have received the same 'slap on the wrist'? I think not. And what's more, I'm sure this is happening right now and since they are not celebrities, we don't even know about it!!! And when did 21 come under the heading of "child"? I believe that 21 is considered an adult in any culture. I am depressed by the way celebrities are treated so lightly. Let's treat them the same way everyone else get treated in these situations - tough but fair.

2618 days ago
64.

Bubbles    

COMPLAIN

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

webmail@da.lacounty.gov

2618 days ago
65.

LB    

Once again...money and privelage buys the system in California off!!!! If you are going to commit a crime, do it in California. What about the next time when someone gets hit by the car she is driving? Another slap on the hand? Well I hope each guy that was taken for a joy ride by Lindsey brings a civil suit against her and wins alot of money.

2618 days ago
66.

Terry    

"The fact that each time she was busted, she immediately checked into a rehab facility also helped her case."

How many people could not afford to jump right into rehab, that's not right!

2618 days ago
67.

Haha suckers...    

I guess she was right when she told the guys that were in the vehicle that she stole (and put many people's lives in danger) "I won't get in trouble; I'm a celebrity". Unreal.
I didn't think it was possible but I like her even less today than I did yesterday. I just hope that she doesn't kill an innocent person the next time she's loaded while driving.

2618 days ago
68.

Charlotte    

Last night on Nancy Grace they said "WHEN" not if Lindsay hits and kills someone in another DUI they hope it is the DA's family member that she kills.

LOL love it!

2618 days ago
69.

Lo24    

http://da.co.la.ca.us/_vti_bin/shtml.dll/feedback.htm

THIS IS THE CORRECT ADDRESS TO SEND FEED BACK TO THE LA DISTRICT ATTORNEY, I HAVE ALREADY SENT MY TWO CENTS IN ON THIS ONE!

2618 days ago
70.

Ken Sheffield    

This is simply another case of a miscarriage of justice, which runs rampant in Ca.
They are not doing Lindsay a favor, they are sigining her DEATH WARRANT!
She will be dead in less than two years without proper supervision, by a responsible person.
LA justice, remember the O.J. Trial?
Complete jury nullification!

2618 days ago
71.

who cares    

WHAT A FRIGGIN JOKE THAT SKANK NEEDS TO DO SOME LONG TERM JAIL NOT A FEW DAYS IN A RESORT TYPE JAIL
WHAT A BUNCH OF PURE CRAP- HAD IT BEEN ANY OTHER NON-CELEB 21 YR OLD KID
THEY WOULD BE IN BIG TROUBLE BUT NOT THE LO HO
SHE MUST BE BLOWING THE ATTORNEYS AND THE JUDGE
OR ELSE THE SYSTEM IN CALIFORNIA CAN BE BOUGHT FOR THE RIGHT AMOUNT OF MONEY
HER SORRY ASS NEEDS TO BE PUT AWAY FOR A LONG TIME
ANY ONE WANT TO TAKE BETS ON HOW LONG IT WILL TAKE BEFORE SHE MESSES UP AGAIN???????
SORRY SKANK COKE HO

2618 days ago
72.

Ed    

Not because she is white ... just the fact that she is in one of the most liberal states in the US and in one of the most liberal areas! I agree, anyone else who was repeatidly arrested would've been immediatly sent to jail even if they where also "struggling with addiction". Seems to me her actions warrant more then the 21 days paris got and I don't think Paris's crime was anywhere near this wrecks! 4 days? Come on! The only one I have witnessed having a great career turnaround was Brew Barrymore ... and she has talent! Lindsay is a no talent and will most certainly relapse. Hopefully, she won't kill anyone when she hits bottom. We can now only wish she suffers in civil court. More provelages for the celebrities. Perhaps a country should follow our lead ... drop leaflets telling us on an upcomoning strike and then drop a bomb on Hollywood. They are the reason why everyone hates our guts ... the liberal trash, sex, and violence they spew all over the free world. Sickening!

2618 days ago
73.

Bubbles    

RECALL STEVE COOLEY!!

2618 days ago
74.

KMK    

I am a huge Lindsay fan...but this is not what she needs. Some of you don't want to see her go to prison b/c you love her so much but if you would just think about it, letting her off the hook with barely any concequences for the dangerous mistakes that she has made recently is not going to help her at all. She needs some tough love before she realizes that what she has been doing is hurting her, her family and her career.

I wish you all the luck in the world Lindsay. Maybe you will prove us wrong and really straighten your life out on this last chance that you have been given.

2618 days ago
75.

Wendy    

We need to make as many phone calls as possible to this Beverly Hills Judge, Chester Horn, at 310-288-1204. It just doesn't seem fair that these celebrities are given a slap on the hand, when if it were any one of us, we'd be sitting in jail.

2618 days ago
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