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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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91.

mermaid    

Absolutely unfreakinbelievable!!!

2584 days ago
92.

JS70124    

so i guess the fact that she carjacked, kidnapped, & terrorized people isn't an issue in LA. funny how she only goes to rehab when she's been arrested. if she truly was "rehabbed", wouldn't she be ready to make "amends" & accept responsibility for her actions? haven't seen much of that from her last to overpriced hideouts in "rehab."
perhaps it's time for the justice dept. to start policing the DA.

2584 days ago
93.

Johnny SoCal    

THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!
THEY'D THROW YOU IN PRISON!

2584 days ago
94.

What's wrong with her face in this picture?    

Susan and other readers:

I also just emailed the LA's District Attorney's office asking them to please not allow this "accident waiting to happen" to get such an unfairly lenient sentence, as to not learn and possibly do this again, but this time with fatal consequences.

The link to email them is: http://da.co.la.ca.us/_vti_bin/shtml.dll/feedback.htm

I hope others will email them as well. I'm not trying to lynch a 21 year old - I'm trying to prevent her from killing someone the 'next time' she drinks/drugs and then drives.

Thank you

2584 days ago
95.

dawn    

This is a travesty of justice!!!!!
the citizens of California esp. need to pay close attention during election time.
this is just absolutley wrong.,

In all my years I have never saw on cops or any other reality police show that the cocoaine was not enough to be charged with i have seen residuals of cocaine and people being thrown in the slammer.,

what a joke and the joke is on every single taxpaying, law abiding person in this counry!
shame on her!!! shame on the judge.

what a pathetic and absolute miscarriage of the justice system!

Throw her butt in jail! there are many underprovelaged peole in prison now and almost all of them grew up in the school of hard knocks ! what makes her any differnet? NOTHING!! she should be charged just like anone else. Californians need to make a stink on this one,

Im sorry lilo fans, but this is wrong and sends a wrong messgae to everyone. this is so wrong! i do not care ho wthey explain this.

and i suppose the poor kids that she CARJACKED and took on this endeavor with her wil probably be charged with somting now huh?
whatever!!!
shamefull California judges!!!!!! just shamefull!!!

2584 days ago
96.

Kate    

She's waving the proverbial middle finger to all of us mere mortals - that is, "the common, everyday folk" that would normally be nailed to the wall if we were to do the same things she has done.

Well, we DO have power: BOYCOTT LOHAN - LET HOLLYWOOD KNOW HOW YOU FEEL ABOUT THIS RACIST, DELUSIONAL TWIT !

2584 days ago
97.

What's wrong with her face in this picture?    

Dear "Give the girl a chance" -

She HAD her chance already and then drove drunk/high AGAIN.

My father was killed last year by a 21 year old ... where is his 2nd chance? Perhaps if they had put that young man in jail his first DUI, Dad would be alive today.

This isn't just about the rich and famous ..... it's about us little people who have their lives changed forever after the tragedy of having their loved ones killed.

2584 days ago
98.

Get a Clue    

Message to kids:

"HEY KIDDO'S, GO AHEAD AND BOOZE IT UP, SNORT A FEW LINES OF THE DEVILS DANDRUFF, AND DRIVE IN EXCESS OF 100 MPH CHASING SOMEONE THROUGH THE STREETS.

ALL THE COOL KIDS ARE DOING IT, AND YOU WON'T GET IN TROUBLE!"



2584 days ago
99.

rminva    

She's screwed up so she gets off easy? What a joke!! First time joe blow offender that has never been in trouble would have gotten raked over the coals.

2584 days ago
100.

YAWN    

One only hopes that with 7 misdemeanors that she does a lot more time than 4 days... Along with some hard time, put her on the side of the freeway wearing an orange vest and holding a trash pic.

2584 days ago
101.

Gramane    

ALL OF YOU WHO CALL HER A CHILD, SHE IS AN ADULT!!! I HAVE CHILDREN YOUNGER THAN HER, AND THEY ACT WAY MORE RESPONSIBLY, EVEN MY DAUGHTER WHO IS 16 SAID MOM SHE SURE IS SCREWING UP A GREAT OPPORTUNITY!!! COME ON!! WHEN WILL SOCIETY WAKE UP, AND MAKE THESE PEOPLE TAKE RESPONSIBILITY FOR THEIR ACTIONS, GOD FORBID SHE HIT SOMEONE WHAT THEN WHOOPS!! I BLAME IT ON MY ADDICTION!!! SHE TRULY HAS TOO MUCH, TO THINK SO LITTLE!! GIVE HER SOME TIME IN THE SLAMMER, THOSE GIRLS IN THERE WILL REHABILITATE HER LITTLE ASS!

2584 days ago
102.

annab    

d.a. is really, really going to be PISSED if it is one of his relatives she kills.

karma.....it can be a bad thing.

2584 days ago
103.

thugaroo    

WoooooHoooo Set my Lindsay Free!!!!

To the rest of you haters...kiss my butt.

2584 days ago
104.

What's wrong with her face in this picture?    

Kate:

I agree with part of what you wrote. I personally won't ever watch or support any movie with this young woman in it. I won't be a party to her destruction. She does come off as if she is better than everyone else and I just don't understand it. She was cute when she was a kid, but I just do not see the appeal now as an adult. I hope she gets her act together and perhaps try college and a real job.

If the public doesn't treat her like a celebrity, she won't be a celebrity any longer. Stop taking her picture. Stop making her newsworthy. She is a drunk and drug addict that needs help and for that, she is in my prayers. Past that ..... she just doesn't deserve this attention.

2584 days ago
105.

annab    

getting off is just one more reason for her to continue on this deadly course. she knows she can get away with it , she said so.

2584 days ago
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