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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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76.

dawn    

I have never read such hatred before. This girl is what the industry made her. She has worked her entire life. She is trying to straighten out her life but with the hate I see here it will be hard to do. Lighten up people TMZ reports this crap so people can hate

2515 days ago
77.

tmz_fan    

The U.S. law system is a much of crap! I bet if it hadn't been LaLohan, he/she would've been sent to jail.

This bee-itch isn't fighting an addiction. She's just a brat that thinks she can get away with anything -- and you know what, she's right.

Sad.

2515 days ago
78.

divalasvegas    

What a tremendous load of crap! WTF? This dumb slut had two DUI's in a two month period and she's getting a slap on the wrist. Oooh, four whole days in jail, I bet that will show her! I guess she will really have to injure or kill someone before the L.A. County court system would step up and put her ass in jail. If I had two DUI's back to back, I'd be in jail, just like 99% of the population. She needs to lose her license, all of her problems start when she gets in a vehicle after getting totally tanked.

My biggest issue over this whole thing is that her track record with rehab is spotty at best. She's a model patient while she's in rehab, but won't say no once she's out. Once she gets out of Cirque, how long will it be until she's at Hyde with a drink in her hand and drugs in her pocket? Until LiLoser is willing to accept responsibility for her actions, this behavior will continue. It's cyclical, get drunk, do something stupid, get arrested, go to rehab, stay clean for two weeks, get drunk, do something stupid.... She disgusts me and since the law will let her skate, this crap is going to continue until she kills herself or someone else.

2515 days ago
79.

Gramane    

I DON'T GET WHERE PEOPLE SAY SHE HAS AN ADDICITON!!!! SHE'S ADDICTED ALRIGHT TO MONEY, ATTENTION, TANNING, STUPIDITY, ARROGANCE, AND BEING PRIVILEGED!!! THAT'S WHAT SHE IS ADDICTED TO!!! MOST PEOPLE WOULD LOVE TO BE IN HER POSITION, I HOPE HOLLYWOOD WAKES UP AND REALIZES SOME OF THERE STARS NEED TO BE LOOKED OVER FOR ONES THAT WILL SHOW UP, DO THE RIGHT THING, STAY OUT OF A CAR (ESPECIALLY SINCE WITH HER MONEY SHE COULD AFFORD A DRIVER)WHILE DRUNK OR HIGH!!!! I HAVE NO SYMPATHY FOR HER, IF YOU WANT SYMPATHY LOOK IT UP IN THE DICTIONARY BETWEEN S$%# & SYPHILIS!!!

2515 days ago
80.

Rick    

Are you Kidding Paris Hilton Got 3 weeks!!!!!! Girl is only getting 4 Days.. It was THE HOLLYWOOD MOFIA INTERVENTION! Trust me this was all about MONEY! Some one got paied under the Table!

2515 days ago
81.

Rick    

Are you Kidding Paris Hilton Got 3 weeks!!!!!! Girl is only getting 4 Days.. It was THE HOLLYWOOD MOFIA INTERVENTION! Trust me this was all about MONEY! Some one got paied under the Table!

2515 days ago
82.

Sunflower    

I just emailed the LA District attorney to give them my opinion on this. Anyone else would have had the book thrown at them. This is totally unacceptable.

2515 days ago
83.

What's wrong with her face in this picture?    

This is so sad.

If any one of us posting were 21 and did "exactly" what she did - we'd be going to prison.

I feel sorry for those non-celebs that HAVE to do the time when this spoiled little brat gets away with this.

She'll just do it again.........she might kill someone next time. I don't think their family is going to take it well when the justice system had their chance to get this girl HELP and instead let her off because she has money.

Why she's so popular, I just don't know. I don't think she's very attractive or talented, so why does she make so much money and why is she ABOVE THE LAW?

This is so pathetic and makes me so angry. Justice is supposed to be for EVERYONE. The rich and famous should not KEEP getting special treatment.

2515 days ago
84.

Terry    


She is not done partying. She will learn from this to be a little more discreate.
It will escalate reguardles, just more slowly and end with a bang.

The jails are over crowded in LA from locking up those from troubled home's, Some with less charges than she has.

2515 days ago
85.

Bubbles    

I will not pay to watch any movie Lindsay Lohan is in, and I will not rent any movie she's in.

Hollywood needs to lose money on this girl, so they get the message that they are not above the law.

2515 days ago
86.

blinded by the site    

"Jealousy.jealousy.Misery.misery... Take my advice, I'm only tryin' to school ya. " Careful, all you haters. Envy's one of the 7 deadly. Maybe peep yoself before ...

2515 days ago
87.

Johnny SoCal    

They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!
They'd throw your child in prison!

2515 days ago
88.

truthhurts    

Investigate this judge- This is a bunch of crap- If it were a Black, Hispanic or low income White their ass would be in jail. this should be protested. Every time she gets busted she goes to a fake re-hab. She is not taking seriously- she is posing and going out for tanning. This is a joke and everyone should ask for a special investigation of this judge- and LA co Distric Attorney- the bitch will be on drugs within 30 days

2515 days ago
89.

She did it again    

why are they calling her a kid..she is 21..I thought that was an adult?

2515 days ago
90.

jen g    

not right, when will these girls learn their lesson? Obviously not from the law like the rest of us would have to!!!!!!

2515 days ago
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