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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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106.

moi    

Like anyone really thought this stupid c*@# would do more jail time-she apparently knows the system well now and since she's a so called "celebrity" she won't be doing any time behind bars-she knows now that she can violate her probation as much as she wants-the LA justice system won't do anything-

1302 days ago
107.

nemesis26    

How does one get probation for violation of a probation violation of a prior probation violation?

Anywhere else in this country, one probation violation for a normal citizen lands your ass in jail for at least 60 days - no "overcrowding" reprieve to be found.

As the maxim says... California: Land of fruits and nuts.

1302 days ago
108.

Ozzrox    

can this slut dyke just hurry up and OD!!! die already hollyweird sl**!!

1302 days ago
109.

Mike    

I think if Lindsay does go to jail, the judge needs to make SURE that Lindsay doesn't take ANY prescription drugs. Maybe an aspirin or Tylenol. That's it. Lindsay needs to just put food and water into her body for a month or however much time she ends up getting. I'd be surprised if she didn't get ANY jail time.

Prescription drugs like sleeping pills and Adderall are a big reason for why she is like this in the first place. Lindsay's father is right about that part.

1302 days ago
110.

RollieB    

it just proves what I have always said: if you have Fame or money you can usually get away with Murder or stay out of jail. Lindsey and Paris are perfect examples. coddle these trainwrecks because they will never learn from their mistakes

1302 days ago
111.

CGS    

No bail, do jail. That's the call. This is ridiculous!

1302 days ago
112.

Joann    

Oh cry me a freaking river. This whole court system is a joke... for celebs that is.

I see why these young celebs thumb their nose at the court system and do what they want to do. The all have each others numbers on speed dial and the previous "celeb cons" tell them what to do when they get caught with drugs.

They know their high price lawyers have many tricks up their sleeves to keep them out of receiving any major jail time, so why should they be worried.

The taxpayers are paying for this circus and the young celebs go free or get little jail time and that jail time is cut down where they wind up serving "minutes" in jail due to "overcrowding".

1302 days ago
113.

Spot    

One thing the judge can and should do is to humiliate her to the whole world. The Hollywood types fear that more than anything else.
Remember the long walk Paris did to the SUV her parents were in the night she was released, well set up the crowd control barriers, call the press and have Lindsay make the same walk. In her jail jumpsuit and chains. Put a sheriff on each elbow and walk her to the van while the press shows it all over the world and the PaP's go nuts taking pictures and yelling at her.
Then take her to court to be sentenced for her latest probation failure. At that point she will have done her 30 days so the judge can sentence her knowing she will be released as soon as she gets back to the jail.

Good luck getting any work for months after Lindsay, every time your name comes up those pictures will be all over the world again. PLUS the public humiliation of being escourted in chains and jumpsuit to court is a real punishment you deserve and the public is crying out for!

1302 days ago
114.

GringoStarr    

Right on. Precedence has now been set for every drug addict, who took advantage of an innocent (e.g. put lives at danger for driving while impaired), who was sentenced to jail time for new appeals on the basis that one rich white girl got off for no other reason than being famous.

Fantastic role-modelling, California.

1302 days ago
115.

ddt    

You've got to be kidding me. How many chances does Lohan and Hilton get in their life. They contribute nothing. What a waste of tax payers money. Lock them both up.

1302 days ago
116.

Rosa Mata    

Man! it's nice to be a celeb...why even bother with them! just let them do whatever the hell they want. And if it were anybody else (a regular person) over crowding would not be an excuse to not be put in jail. Have her suffer. throw her a** in jail.

1302 days ago
117.

Peggy    

Why is it just the 'stars' that get released early due to over crowding at the jail? If all the regular people were sentenced to 30 days, but only had to serve 1 day, then that jail should not be over crowded

1302 days ago
118.

marehare    

Pretty soon we'll read about her od. Then the litigation crazed family will sue the courts for failing to keep her in rehab.
I for one am sick of this has been no talent low class young woman. She is such a boring person.

1302 days ago
119.

Mees    

What the EFF??? What preferential treatment! This is BS.

1302 days ago
120.

toasty    

WTF! IF THIS WAS ME OR YOU, OUR ASS WOULD HAVE BEEN IN JAIL FROM THE FIRST OFFENSE! WHAT A JOKE THE LA COURT SYSTEM IS!

1302 days ago
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