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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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106.

CAH    

So let me get this straight...Foxy Brown goes to jail for probation violation on assault but Hobag Lohan gets away because of her "past". She was driving. under the influence. crashed her car. had traces of cocaine. under 21.

Nice. Very nice.

2585 days ago
107.

What's wrong with her face in this picture?    

108. 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.

Posted at 3:00PM on Aug 23rd 2007 by annab


SOOOOOOOOOOOOOO TRUE~

2585 days ago
108.

SexxxySadie    

There are so many holes in these excuses, small villages could be swallowed up.

Probably the main issue is unequal justice.
If she were poor and black, there would be very different justice.
She would be considered a repeat offender, and an obvious danger to the public.

As to being a "kid" .... notice the repeated reference.
Well, she is 21.... that is an ADULT. Full-grown, responsible-for-her-actions adult.
When a 15 or 16 year old minority kid gets in trouble, they are very frequently charged as an adult.
She is an adult, but is being granted "kid" processing standards which are not always available to every actual "kid".

Going into rehab - that is blatant hiding from the press, and trying to cover her tracks, after the fact.

unstable childhood.??? Did she eat on a regular basis?
Was she ever homeless? Was she beaten? Molested?
what percentage of people had an unstable childhood?
What percentage of minority ADULTS had unstable childhood? (She is an ADULT)
Do they all get special considerations?

The police took the cocaine out of her jeans pockets themselves.
Do these excuses work for everyone?

Unequal justice, pure and simple.

SexxxySadie




2585 days ago
109.

Bored    

BOOOOOOOOOOOO!!!!!!!!!!!!!!!
She screwed up. I see people all over the the state of California with "unstable" upbringings, and they DON'T get special treatment.

YOU DRINK
YOU DRIVE
YOU LOSE...LOHAN!

2585 days ago
110.

Paris Hater's Live Sad, Dull & Pathetic Lives    

Anyone else would have faced charges!!! She did the crime and has to pay the price. Someone CALL OUT THE PROSECUTOR!!!!!!!

2585 days ago
111.

Jus D truth    

WOW!!! But is anyone REALLY surprised??? We all knew deep inside that this TRAMP WOULD GET OFF EASY!! I think we were all hoping that the D.A. & justice system in L.A. would DO THE RIGHT THING, and treat this "RICH, WHITE, & PRIVILEGED PERSON" the same as everyone else!!!

2585 days ago
112.

Ana    

RIDICULOUS.
It's called tough love.
Lock her ass up, teach her a lesson. She should not be ABOVE the law..
any other child with a problematic childhood, would've been locked up.
Oh wait, she played twins in a movie... I forgot.

2585 days ago
113.

Amy Silverman    

Anyone else would have been under the jail-just proves 2 sets of laws. She'll kill someone next! Loser bitch!

2585 days ago
114.

Bubbles    

102. 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 grew up here, and let me tell you, the liberalism only applies to the rich whites. For everybody else, law enforcement is harsh. The media here are very racist too.

California as a liberal bastion of equality...that's a myth.

As for Lindsay: Don't come back to LA. Nobody wants you here!!!

2585 days ago
115.

Get a Clue    

"They say at one point, Lindsay boasted, "I can't get in trouble. I'm a celebrity. I can do whatever the f*** I want."

She sure got it right there. Incredible!

2585 days ago
116.

Momma, Joh    

Rich, white and a celeb. If she had been you or me we would have been up the river in no freaking time..
And isn't there a threshold on the number of md's you can file at one time before it reaches a felony?
I bet this DA just loooved herbie fully loaded...
Oh the jokes for that movie just wrote themselves, but I'll save those for another time.

2585 days ago
117.

Jessica    

This is ridiculous. If Lindsay was of a different race, her age, family upbringing, or the fact that she sheltered herself in "rehab" would not keep her from being charged with a felony. She is not a "kid in crisis". And it's not just a racial thing for me. If they made an example of Paris, then make an example of Lindsay too. I'd be really disappointed in our system if she doesn't get at least the FOUR days.

2585 days ago
118.

who cares    

MAYBE IF ALL OF US DID A FEW LINES OF COKE, GOT DRUNK, HIJACKED A CAR AND CHASED SOMEONE LIKE A MAD WOMAN WE WOULD GET OFF AS WELL,,,, THE CALFORNIA LEGAL SYSTEM IS WARPED, THEY WILL BE WHISTLING A DIFFERENT TUNE WHEN SKANK WHORE GOES ON A BINGE AGAIN AND KILLS ONE OF THEIR FAMILY MEMBERS,,,,, AND ITS ONLY A MATTER OF TIME BEFORE SKANK LOHO IS OUT ON THE STREETS AGAIN,,,,AND SAYING "I AM A CELEBRITY THEY CANT TOUCH ME" WHAT A LOW LIFE TRAILER TRASH SKANK THAT UGLY BITCH IS
CANT WAIT FOR KARMA TO GET HER

2585 days ago
119.

Bob L    

If you are a celebrity and you commit a felony in California- you now can avoid all punishment by immediately checking into a rehab. What a joke! It works everytime!!

2585 days ago
120.

YAWN    

Has anyone on here read the part about the possible "plea bargain" today?? She could plea out and just do 4 days. Maybe if she kills her little sister while driving loaded and drunk, she will finally learn. Trust me, if someone in her family was killed by a drunk driver, they would be seeking complete retribution against the person.

That being said, she will do this again and either kill someone else or herself in the process. Maybe then the DA can be chraged as an accessory to murder.

2585 days ago
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