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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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91.

Patti Walton    


I AM SICK AND TIRED OF LINDSAY LOHAN. WHO CARES ABOUT HER AND HER LEGAL PROBLEMS. She's famous for one movie she made, what -- ten years ago? The Courts are treating her with kid gloves and letting her get off scott free. If that was some other ordinary Joe or JoAnn doing what she does, they'd be in jail doing six month stints for violation of probation and doing illegal drugs. But who gives a rat's a$$. PLEASE STOP THE STORIES ON THIS LOSER -- HER LEGAL PROBLEMS ARE A JOKE.

1457 days ago
92.

carpetMuncher    

Ok, you piece crap, you want to stay out of Jail name names. Where did you get the stuff? Rot in Jail till you talk. They stick reporters in jail all the time until they name the informant.

1457 days ago
93.

Broeheem    

BEVERLY HILLS COURTHOUSE; SEPT. 24, 2010

Judge: “Young lady, it has become painfully obvious to this Court that you do not fully understand the gravity of your behavior, and repeated attempts to rehabilitate you and welcome you back into a functioning society have been for nil. I find that I have no choice but to sentence you to be incarcerated for a period of not less than eighteen….

Shawn Chapman Williams: “SIDEBAR! SIDEBAR!”

*SCW approaches bench, slides fat manila envelope across the desk, returns to council table with a smug smirk* *Loud sniffing sound can be heard from the Defendant’s table, Lohan’s fully-inflated beak obscured behind a diamond-encrusted briefcase*

Judge: “Back on the record. This Court makes the following finding: You have been found to be in complete compliance with all of the Courts conditions of your probation, and you are hereby released from all future responsibility in this jurisdiction. The Court offers its sincerest apologies for any displeasure this might have caused you, and in addition… there will be a 25-year grace period in which you cannot be held legally responsible for any further felonies that might arise. Have a good day.”

Lohan: “F*ck U.”

Who thinks this won’t happen? NICOLE, that's who.

1457 days ago
94.

John Stone    

This idiot is never going to learn if they continue to let her skate on this crap.

1457 days ago
95.

Uh    

When you're at court Friday, why don't you hire a practicing lawyer to accompany you?

1457 days ago
96.

Mike    

Apparently, all it takes for Lindsay to relapse and start taking drugs again is for her old girlfriend Samantha Ronson to make her a jealous by going to Cabo for a bachelorette party. Jeez. Lindsay sure has her priorities straight doesn't she?

http://www.hollyscoop.com/lindsay-lohan/source-lindsay-relapsed-because-of-samantha-ronson_25199.aspx

She was only facing a few MONTHS in the slammer, more media madness and more rehab if she failed a drug test. I guess Lindsay taking some drugs to sooth her anxiety about Samantha was just more important. If she goes to jail and rehab again, she's REALLY going to be worried about what Samantha is doing. There will probably be a total "Samantha news blackout" if she's in jail. She'd hate that. :)

I thought Lindsay didn't go out with Samantha Ronson anymore to begin with. Didn't we see Lindsay hanging out with a guy just a few days ago? At least it's a guy. I bet 99% of the people in America don't have a clue why a girl like Lindsay would go out with Samantha Ronson. Lindsay could probably find a studly looking, successful guy if she got her head screwed on straight. Lindsay sounds like one of those dogs with "separation anxiety" that can't stand to be alone. It sounds like she's been totally spoiled by her parents and everyone else her whole life.

Guys don't like to go out with women that have too many "issues" and are all insecure and clingy. That gets on our nerves bad. We don't like all that mushy talk all the time either. Too much teenage high school style drama is one of the main things that causes the breakups.

Lindsay needs to learn how to be comfortable in her own skin all by herself. Maybe jail could do that for her. A guy finds a girl more attractive when he knows that she's got her "stuff" together and she would be just fine all by herself for months without a big relationship thing going on.

1457 days ago
97.

meme    

Send her to jail for 30 days and then make her go to a REAL rehab for the remainder of that part of her sentence. NOT some crappy Malibu or Utah Cirque Lodge cushy rehab. REAL rehab.

This is all setting up her family quite well, though. If Lindsay OD's, they're going to have a pretty great lawsuit for both the State of California (for failing to take action) and UCLA for incompetance.

1457 days ago
98.

Lucky_130    

Carl, you talk like Anton Lavey. Mike is right and should probably be Lindsays life counsler. Movies like Inferno are indeed career killers, but guys that talk like you carl will always have them thinking in the moment.

1457 days ago
99.

Tony    

Looks like a certain Judge and DA got a call from some suit in hollywood.

1457 days ago
100.

DestadoOne    

"At this point probation is no longer an option. After several violations, Ms Lohan has shown that she is unable to complete the terms of her probation. As the court has shown just cause, we move that her probation be fully revoked and that Ms Lohan be sentenced to the term under CA law as appropriate for 2 DUIs less than 6months/1 yr, carjacking, kidnapping x2, possession of a controlled substance, introducing a controlled substance into a correctional facility."

If it was any other person than a celeb, that is how it would play out in real life.

1457 days ago
101.

stargazer    

And WTF??? Is this Nicole person on crack?!?!? "If she was an addict she would have waited to November 1st because then she would have been free to continue her drug use." That doesn't even make sense! Do you know anything about addicts? If you did, you would know that the majority of them go right back to their old ways, right after they get out of rehab. Addicts do not WAIT for anything, they're ADDICTS, which means they're addicted to something and can't wait to start using again. Only someone with severe brain damage would have a problem not understanding that. She clearly IS an addict. The fact that she went right back to her old ways and has failed two tests in such a short period of time is proof of that. I thought she wasn't even supposed to be on Adderall now? If that's the case, she should be prosecuted for it, as well, Prescription drug abuse is a huge problem - just look at how many people have already died because of it and they're going to let her slide?

1457 days ago
102.

stargazer    

That is SO not right! Why does she continually receive "special" treatment? She's proven time and time again that she doesn't deserve it. Is it going to take her killing someone before they take this seriously? The CA justice system is a complete joke and the overcrowding excuse it total BS! I live in CA and work with someone who went to jail for pretty much the same thing Lindsay did. They only got 30 days off of their original sentence and then when they got out, after a couple weeks they failed only ONE drug test because they had smoked pot. They were arrested within days and was sentenced when she went in front of the judge the first time. She did the 30 days and had to do every single one of them, because it was for a probation violation. It's supposed to be mandatory, with no early release. I really think that if she gets off, there should be a huge protest. NOT FAIR AT ALL.

1457 days ago
103.

3Storms    

God damn. What the hell does she do that contributes to the human race to make us better to where she is justified in keeping on getting slaps on the wrist for multiple violations that keep happening?

1457 days ago
104.

Murf    

Its the lawyers and judges letting her get away with it all. Some one in the same situation should sue based on her getting away with it all.

1457 days ago
105.

Lindsey    

This is the last straw for Lindsay and all they do is let her slide every flippin' time! Look, if you violate probation on any scale, you go to jail for at least a year bottom line! She hits trees, claims jeans with coke aren't hers, goes out and parties with an ankle bracelet, doesn't show up to court and FAILS drug tests!!! Holy guacamole! If it were you or me or regular schmoes we would have been put in jail for YEARS! This gets me so freakin' irritated!! I guess the judges must be starstruck.

Pull a Robert Downey Jr. on this brat already!! She needs to be in Jail!!!

And for all of you who don't know where Lynwood Correctional Facility is (sure sounds like an upscale neighborhood right?) It is literally right next door to the infamous Twin Towers Correctional Facility, off Cesar Chavez and North Mission Road in LA right of the 5.

1457 days ago
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