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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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31.

nisiek    

I violated probation in Los Angeles JUST ONCE AND DID SIXTY DAYS...IN A WORKING DORM...no breaks for me...ever. I swear if this b i t c h does not do time I am done with ever hoping there is a thing called justice...and that we can all do drugs and get away with EVERYTHING if we have money and connections...come on already, put her and the Parasite (Paris)in jail already, it would do them and the world a favor!!

1455 days ago
32.

Shannon Steward    

Just like that jizz guzzler Paris, Lindsey will get away with it.

1455 days ago
33.

Mike    

Even though I am (sort of) a fan of Lindsay, I would like to see her go to jail for maybe 60 days just so she can't do that ridiculously STUPID career move called "Inferno" about Linda Lovelace that is supposedly going to start filming soon.

Take a look at this producer of this porn movie "Inferno" about Linda Lovelace, the 70s porn star. Does this dude look like a typical perverted "D list" porno film guy or what?

http://www.radaronline.com/exclusives/2010/09/exclusive-lohans-film-project-track-despite-failed-test-director-says-we-can

The reason he wants Lindsay for that movie is because she is in a vulnerable spot right now because of money problems, she has problems with drugs, and she's still young and foolish enough to take this movie.

They want to EXPLOIT Lindsay because of her "name recognition". That's exactly how they sucker the "right off the bus" 18 year old girls in Hollywood with big dreams of stardom. They talk them into doing porn movies to "pay their bills" and all that. Then the downward spiral starts from there into more drugs and more self destruction.

1455 days ago
34.

Audie    

Our legal system in such a joke!!

1455 days ago
35.

Ron    

she should take what i am on....Fukitol....

1455 days ago
36.

Shread    

I told you she would walk! I personally have witnessed preferential behavior in Hollywood and can honestly say that it runs rampant. There is no way that the justice system would ever think of messing with someone like Lohan. She's worth WAY too much $$$ to The Big Studios and they run California. Instead they plant these dumb little press clipping for all of us to read while they take secret negotiations behind closed doors to discuss how to cover their tracks.
Remember Folks, Money doesn't talk...... it swears!!!

1455 days ago
37.

Shread    

I told you she would walk! I personally have witnessed preferential behavior in Hollywood and can honestly say that it runs rampant. There is no way that the justice system would ever think of messing with someone like Lohan. She's worth WAY too much $$$ to The Big Studios and they run California. Instead they plant these dumb little press clipping for all of us to read while they take secret negotiations behind closed doors to discuss how to cover their tracks.
Remember Folks, Money doesn't talk...... it swears!!!

1455 days ago
38.

always    

The courts and judges you people have in California are big Joke. Sounds like the right place to break the law. Who pays all those judges off? So, if you have money.....you get away with anything and the poor slobs with none go to the slammer for the same thing.

1455 days ago
39.

Janet    

Old Linds and Pair-e need the same 30 days, starting immediately! I wish Japan would just keep Pair-e over there! When she gets back to the USA, I wish the USA would throw her out like Japan! ~ When will they learn! ~ Great publicity stunts on both their parts. I think they learned from Grandma Kardashian.

1455 days ago
40.

Jay    

"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."

TMZ judges do that all the time to POOR PEOPLE not to the WEALTHY and especially not to someone who is FAMOUS.

1455 days ago
41.

Nicole     

@Mike
I hope Lindsay doesn't do that absolutely disgusting filam as well.
However she doesn't need to serve the time since the failed test came back she isn't allowed to leave LA and won't be for months probably.
So let's hope she gets sentenced on Friday rather than remanded.

1455 days ago
42.

Ryguyy    

Why don't the judge just let her get away with it and let her kill a child while under the influence. Seriously, I am ashamed to live in California. This country is pathetic with our morals.

1455 days ago
43.

bring back recent posts    

Linday unfortunately will focus on the miscarriage of " professionals" from the doctors all the way up to the judge and think she is all fine and dandy and can keep this behaviour up....however...she should be lookin at the fact..she will be forced to stop, either by having a bad accident, killin someone in the process , including herself, her parade, WILL end, hopefully she smartens up and soon.

1455 days ago
44.

S.D.W.    

Is Lindsay possibly of Irish descent? Cause she sure has the luck of the Irish for constantly getting away with behavior that wouldn't be tolerated by the average person.

If Judge Fox still has a set of balls on Friday he'll deny her bail,send her freckled face ass directly to jail, then set a hearing for the following month. A probation violation is serious. Quit cutting this woman so much slack.

Right about now jail or rehab are the only two ways to keep her alive. If that's what it takes then so be it.

1455 days ago
45.

tmz addict    

Lindsay has been diagnosed as ADHD so the Adderall is necessary medicine.

Cocaine, not so much. LOL.

Good luck, Lindsay!

1455 days ago
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