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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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76.

sharonlynnmc1     

She is going to have to kill someone or herself before any thing serious is done. What a country we live in huh?????

1387 days ago
77.

panthergirl89    

MORE REASON TO HATE THE BITCH

1387 days ago
78.

boobymanz    

This is ****ing ridiculous. Once again, this bitch is going to get a slap on the wrist. I don't know what the **** is going on in California, but this "overcrowding" bull**** has got to stop. Overcrowding? That must be the PC way of saying celebs don't go to jail. If this bitch was a regular person, she'd be sitting in a jail cell right now and she'd stay there for a long time. This bitch violates probation, but now we're finding out that she may get yet another wrist slap? Does this **** have to murder a cop for her to be sent to jail? She can do whatever she wants and it's ****ing ridiculous.

1387 days ago
79.

Carl    

She is the only interesting and entertaining celebrity in America. love reading about her dynamite lifestyle of coke,sex, lesbianism,booze,jail,crazy family members, adderal, ambien,....she rocks my ****ing world. she is one lady who knows how to live life to the limit, pedal to the metal hard and sexy.
She is beyond incredible, she is real old hollywood in a time of grey uninteresting miserable bores. she shines like a diamond. love her to bits

1387 days ago
80.

cali    

Test her hair

1387 days ago
81.

Delmar    

Guys, UCLA gave NO information out about Lindsay. Please, stop taking the TMZ and other blogs' conjecture about what they said as their words. UCLA takes HIPAA seriously, they now run a tight ship, and whatever they recommended is only known by Lindsay and them and if Lindsay allowed, a few other people such as her sister and mother. Perhaps her lawyer knows as well. Again, do NOT go by what any blog has reported as the actual diagnosis of what UCLA found, recommended, diagnosed, prescribed.

@figureitout Don't accuse another poster of being high. That's uncalled for. I said she may not be defined as an addict based on DSM IV criteria, not however you may define it and distinguished drug abuse vs. drug dependence. She didn't fail drug tests up till September is a matter of record. Anyone writing any way she got around it is speculation.

1387 days ago
82.

carpetMuncher    

The whole friggen world knew that this bitish should not have been taking adderall. And somehow this poor excuse of human garbage didn't know she wasn't allowed to take it. Yea right she is not an addict. UCLA you suck! Probation department you suck too. I am so glad I don't live in that stupid state. Imagine what other human garbage slips by the probation dept if this high profile jackass gets by.

1387 days ago
83.

Carl    

She looks so hot when she's in her Maserati :)

1387 days ago
84.

dave    

any one who wants to sell drugs should move to cali becouse if you know someone or in the movies and have money you have it made just sell them and have fun just one thing is your law the same as it is in the u.s or do you have a new one just asking

1387 days ago
85.

bob     

Absolutely amazing...let's just hope that Judge Fox does the right thing and puts her sorry butt in jail for 30 days. I mean, hey, she failed the damn drug test...that's a big no no...something she's not supposed to do...and it was for cocaine. That means she belongs in jail.

1387 days ago
86.

L    

Why bother??

1387 days ago
87.

Lizzie    

BITCH got yet ANOTHER freebie, what a F'ing non-joke!!!! Let
the BITCH just kill herself, seems as though that's what IS
gonna happen w/ ALLLLLLLLLLLLLLLLLLLLLLLLLLLL the drugS this
dim wit takes!!!!!!!!!!!!!!!111

1387 days ago
88.

Get over it..    

I'm reading this right? She's subject to get probation, for a probation violation? What a joke..

1387 days ago
89.

GEL    

("The Probation Department is recommending 30 days probation for the first failed drug test which showed a positive reading for cocaine.")

How in the hell does this make any sense??? She's ALREADY on probation.

1387 days ago
90.

Nicole     

@Delmar
It is clear Lindsay isn't an addict
May to July
She stayed clean she would either have used because she wouldn't have been able to stop or she didn't use in anticipation of using in July.
August----
She gets out of rehab early and only has to stay clean until November 1st and she doesn't.
If she was an addict she would have waited to November 1st because then she would have been free to continue her drug use.

California shouldn't be policing her sobriety and she should just have banned from driving until her probation was finished.

1387 days ago
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