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Probation Dept. -- Key Player in Lindsay's Freedom

12/22/2010 8:20 PM PST BY TMZ STAFF

Good news for Lindsay Lohan ... TMZ has learned the L.A. County Probation Department won't go after her for the alleged battery at the Betty Ford Center ... unless she's convicted.

1221_Lindsay_Lohan_TMZ_EX_1a

Sources connected to the case tell us the Probation Department will not recommend to Judge Elden Fox that he violate her probation for the alleged assault when Lindsay appears on January 3.  We're told the Department will only recommend action if Lindsay is convicted of criminal battery.

But it gets more complicated on the subject of alcohol.  Under the terms of Lindsay's probation, she's required to comply with drug testing, including tests administered at Betty Ford.  By refusing to submit to a breathalyzer test a week ago Sunday morning, Lindsay arguably violated this term of her probation.

We're told the Probation Department has not made a recommendation to the judge on violating her probation based on the breathalyzer test -- at least not so far.

Ultimately, it's up to Judge Fox.  Worst case scenario for Lindsay ... back in the pokey for 6 months.



141 COMMENTS

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1.

Murph Murphy    

Nice job betty ford, Lilo is not even safe at a sober house, you may as well close your doors.

1403 days ago
2.

TXLady    

She refused the test so she obviously had something to hide. This is a direct violation of her probation and if she isn't sent straight to jail (for violating her probation) then it just proves she can get away with anything and the California justice system is a joke, at least as it applies to so called "celebrities".

1403 days ago
3.

Lucky_130    

Rehab is a joke no matter where you go. Alcohol is a serious demon that is a real plague on us Irish folks, and it seems to be for life. Cheers!

1403 days ago
4.

Nicole     

After the employee spoke to TMZ before she was fired and then was fired even IF the charges are filed the conviction isn't going to happen.

1403 days ago
5.

jlgrr    

Blah! Throw the book at her!! She'll never learn!

1403 days ago
6.

Sue    

where Lindsay goes, trouble follows.

She says she was at a bar drinking Shirley Temples. YEA RIGHT !!!
Lindsay is known to keep little vocka bottles in her purse and adds it to the drink
so it looks like she only ordered a non-alcohol drink.

She is so full of ****, its coming out of her ears !! She always thinks she got
us fooled, and it backfires in her face. Good luck in jail, Missy

1403 days ago
7.

Marilyn    

The rules of life & the law are suspended for Miss Lohan.
She will skate.
No one in California has any balls.
Too politically correct.
She deserves JAIL & NOW!

1403 days ago
8.

Nicole     

Weres the PROOF that Lindsay actually refused the test the alleged victim and Lindsay both have different stories.
Also the alleged victim clearly has it out for Lindsay and attributed a TMZ article headline to an actual statement from Lindsay. The alleged victim isn't credible.

She only has 65 days of probation left so unless there is proof that she was drinking and refused the test then i don't think any action will be taken.

1403 days ago
9.

Phil    

Give poor sweet Lindsay a break... she needs at least a dozen more chances without consequence. Please judge treat her differently than others on probation. And then, when she violates again and again and again, and again, look the other way. She's so cute, or was, and deserves better treatment than those other 'civilians' and those filthy masses, without a Disney resume, and those real coke snorting losers. Lindsay wouldn't lie to you judge, would she? Lindsay was just climbing over the fence for exercise. That's right... exercise!

1403 days ago
10.

Carl    

I really question why a supervisor was not called in when Lindsay and the other woman started getting into it. If Lindsay refused a breathalyzer the employee should have gotten the supervisor on staff to deal with it. Similarly, if Lindsay was having problems with the employee SHE should have insisted on the supervisor coming by. I think both women are probably partially at fault, but Lindsay carries the bigger burden here since she is on probation.

1403 days ago
11.

ernie    

Remember --- this is what happens when you go to a rehab that is worthless.

1403 days ago
12.

ernie    

I am sure one of the main reason why Lohan chose Betty Ford Center over all the others is because they allowed her to smoke cigarettes which just continued her addiction.

Save your money ... go to a faith-based JESUS residential treamtnet facility and you will have an over 80% chance of making it in recovery. OTHERWISE ... you are just wasting your time and money on place like this joke, Betty Ford Center.

1403 days ago
13.

ketjo    

Way to go ...Harvey....how many Lindsey story's today ?
You going ride her hard and fast aren't ya ? Better get all you can out of her before she stubbles and brakes a leg then you are going have to find another pony to ride.......

She must think she's back in the big time with all the attention TMZ is giving her....How much is Dina playing you for the coverage...?

Really tired of this little Con Artist already if she didn't have anything to hide she would have just took the dam test and proof it ....she was trying to hide something and I've never seen Shirley Temple to show up yet on a test !!!

I hope she is really proud she got a woman fired over her antics and drama and right at Christmas

She makes her mommy proud I'm sure !!!

1403 days ago
14.

b    

This girl keeps getting breaks. She will never learn. She will be dead in 2 years. I hope sooner.

1403 days ago
15.

cyn    

She always messes up right before she's ready to get off probation.She has from jan.3 to Feb. 22 to keep her nose and the rest of her body clean she'll screw up again when she gets out of BF and is back in LA.This is her pattern. Lets give her all the rope she needs.This only feeds fuel to her ego.All addicts are the same if they aren't really serious about soberity. She has karma remember!!!!!

1403 days ago
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