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Probation Dept. Cuts Lindsay Lohan a Break

9/22/2010 4:30 PM PDT BY TMZ STAFF

Lindsay Lohan may actually skate on a failed drug test ... sources connected with the case tell TMZ.

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We've learned the second test Lindsay failed showed a positive reading for Adderall, but the L.A. County Probation Department is not recommending jail time for that violation -- because there is an ambiguity in the paperwork that went from the court to the Probation Office.

The Probation Department is recommending 30 days jail time for the first failed drug test which showed a positive reading for cocaine.

Now here's where it gets interesting ... Judge Elden Fox has a couple of options on Friday.  He could sentence Lindsay on the spot to 30 days in jail for the cocaine violation ... but because of overcrowding Lindsay would be released the same day.

Judge Fox's other option is to deny her bail, throw her in jail and set a hearing that would take place 30 days later.  Under this scenario, Lindsay would not be released early -- she'd sit in jail for 30 days until her hearing.  We're told judges do this "all the time" when they want to make sure a defendant does the time.

Friday should be interesting.

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283 COMMENTS

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1.

j05baker    

You've go to be effing kidding me? Justice in American for celebrities is a joke. And a even bigger joke in LA.

1400 days ago
2.

Bubbles The Chimp    

So much for UCLA getting her off Adderall. Lame rehab.

1400 days ago
3.

RY    

Gotta love the justice system. WTF

1400 days ago
4.

Gladhe8her    

This is B***SH**!!!!!!!. If it were me I would get my butt thrown in jail

1400 days ago
5.

Abe    

Well, I hope to Christ the judge opts for the latter.

Lindsay NEEDS TO BE IN JAIL.

x

1400 days ago
6.

Dana    

Seriously....why do these celebrities even have to bother being on probation or go to court. It's not like any of these sentences really stick. Maybe the next time she does cocaine she'll go all out and OD....I keep waiting for the breaking news.....LINDSAY LOHAN FOUND DEAD IN LA HOTEL ROOM OF "ACCIDENTAL" OVERDOSE.

1400 days ago
7.

Nancy    

Why does she need to be on Adderall for ADHD if she's in JAIL??? THROW HER BUTT IN JAIL for 30 days, clear out her system of ALL the drugs, test her AGAIN to CONFIRM she actually HAS ADHD and NEEDS Adderall, then review the paperwork again CAREFULLY to eliminate the loopholes, and then THROW HER BUTT in REHAB for 6 months. If she loses out on additional work and opportunities to F up, maybe she'll get it. Just how STUPID are the court personnel in California????

1400 days ago
8.

Nicole     

She should be sentenced on Friday
She failed the test there is do***ents proving it and she should get sentenced to the 30 days on Friday morning.

1400 days ago
9.

Bill F. Murray    

I seem to hear AC/DC in the background...

MONEY TALKS!!!!!!!!!

People like Lohan and Hilton truly are above the law.

1400 days ago
10.

Bubbles The Chimp    

The overcrowding jail system in L.A. is a myth. It is just set up to cater to Celebs. I guarantee if it was anyone else with drug violations, they would get a permament place in jail...mysteriously.

1400 days ago
11.

FruitSalad    

She needs to go to jail for MORE then 30 days.

1400 days ago
12.

Lowfreq13    

Ah, celebrity justice! When are these people going to realize that enabling a drug addict is not doing her any favors? The woman can't function, can't act, can't stay the hell out of her own way. She can't even fulfill a $100,000 gig she basically had to show up for.

Lindsay needs to hit rock bottom and experience some consequences, like real people have to do in real life. It's time for her privileged, sheltered life to end. How about a nice six-month term in jail? That might be a good wake-up call!

1400 days ago
13.

M    

The judge needs to do the latter or at the very least send her immediately to an inpatient rehab and make her stay there this time. I know she's in intensive outpatient, however, she obviously needs 24/7 supervision on a long-term basis to ensure she doesn't relapse again. UCLA is a joke.

1400 days ago
14.

Jayster    

I'm just glad it was confirmed she wasn't addicted to anything. Just imagine if she WERE an addict. I mean, then she would really be in trouble...
PFFFFTTTTTT

Basically in LA if you don't kill someone, you are going to go...oh wait, there was that O.J thing...

1400 days ago
15.

B    

This must be one of Harveys jokes, right?:)
This has to be total bull.
Or else Californias state law is one big effing joke.

1400 days ago
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