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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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16.

ucistu    

I hope everyone that gets busted for drugs uses Lindsay and Paris case as precedent

1459 days ago
17.

Hammer    

Shocking Celebrity Justice !!

1459 days ago
18.

Stupid People Hater    

She will get off easy. Judges in that state, specifically that area of the state are all in the back pockets of celebs.

1459 days ago
19.

Stupid People Hater    

And the Judges who try to act a little tougher end up removed from the case...like Lindsay's last judge.

1459 days ago
20.

Jay    

Yep knew this would happen. Seems like whenever a rich famous person gets in trouble something always happens to the paper work. She always gets lucky just like how the cop threw her coke out when she was arrested in 2007.

The judge will not hold her until her next hearing because such actions are reserved for the poor and non famous. Lindsay will get 30 days and be out in less than 8 hours.

This is why she keeps slipping up she knows she will only get a half slap on the wrist. This is why she will end up dead in a few years, if she makes it that long.

Please judge atleast order her to a rehab program that she can not leave and that her people can not buy her out of within 22 days.

1459 days ago
21.

me    

That's it!


I'm moving to California, and do whatever I want to do!

1459 days ago
22.

Julie    

She'll get nothing. Not fair. She's had too many chances already. The fact that this 2007 case is still ongoing shows she has never taken her actions seriously.

1459 days ago
23.

MikeD    

I knew it. I knew she wouldn't be going to jail. Being released the same day doesn't matter. She's getting probation...on top of her previous probations???

Don't the judges realize how this makes them look? I guess they don't. They flat out have shown the world the celebrities are in control and not the courts.

Shame on the judges and for the oath they took.

Shame on the state of California as well.

1459 days ago
24.

Olivia3100    

Yay for Hollywood justice!
Excuses, Excuses, Excuses.
If this wasn't so sad it would be funny.
It's a laughable system.

1459 days ago
25.

spinner25    

This gets more and more ludicrous with each update.

I'm not even surprised at the lack of punishment anymore.

1459 days ago
26.

Sad-Sad    

Send her to Alcatraz cancell all tours and leave her sorry @$$ in the rotting cells.......And maybe throw a couple of CA Judges in their as well for not upholding our system..

1459 days ago
27.

spinner25    

Of course the jails are overcrowded. With people who got 'caught' with a little bit of pot on their way home.

F*cking ridiculous.

1459 days ago
28.

B    

So if I do a crime, I ll get of because I am rich and famous? No thanks I rather stay clean and dont do coke and all other drugs. Still cant believe she ll get of that easily.

wuuuuuuuuuuuuhuuuuuuuuuuuuuuuuuuuuuuu
Linds. Sucks to be me, cause unlike you I support fair trial.

1459 days ago
29.

Jay    

Looks like Lindsay is happy about this one, she just posted on her twitter page:

YAY! One of the drug test violations have been due to a "slip up" in paper work, sure does pay to be rich and famous THANK GOD FOR DISNEY!
1m ago via twitter for blackberry

she then tweeted in repy to her tweet:

It has been dismissed sorry kind of drunk right now on way to AA meeting.
1m ago via twitter for blackberry

www.twitter.com/liloinpsychward

1459 days ago
30.

mudder    

judges do it all the time, yaa to common folk not some hollywood douchebag..who cries at her own misguided judgement..give her the 30 then if she flunks again add more..like baretta said if u can't do the time don't be sniffin no line ..ya ho..

1459 days ago
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