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How Lindsay Could Go To Jail Without a Trial

2/18/2011 1:05 PM PST BY TMZ STAFF

Lindsay Lohan could go to jail for more than a year for allegedly stealing that necklace ... and it could happen without a jury, without a trial .... without grand theft charges even being pursued.

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After doing some investigating, we discovered the D.A. could drop the felony grand theft case completely.  But that wouldn't end Lindsay's legal woes -- not by a long shot.

Prosecutor Danette Meyers could go back to court and ask the judge to violate Lindsay's DUI probation ... on grounds she stole the necklace.

The judge in the probation case could then hold a hearing -- without a jury -- to determine if Lindsay did indeed pilfer the jewelry. 

Now here's the big problem for Lindsay.  In a criminal case, the D.A. must prove guilt beyond a reasonable doubt -- in other words, convincing a jury that there's a 98 to 99% chance that she did the deed.

But in a probation violation case, all the judge has to decide is that it's more likely than not that she stole the jewelry -- in other words, that there's a 50.1% chance she did it.

Sources connected with the D.A.'s office tell us ... prosecutors believe they could ask for more than 1 year in jail if the judge decides Lindsay violated her probation.

And one final piece of bad news. It's very possible if the D.A. dismissed the grand theft case, the probation violation matter would go back to Judge Elden Fox in Beverly Hills, who has totally lost patience with Lindsay.


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302 COMMENTS

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1.

zzkinnardzz    

Run Lindsey Run!! lmao.. She is going to get locked up.. X( I would flee the country like that director did. He wasn't caught for how long? like 25 years?/ and they were trying to get him for rape... you can do it Lindsey...

1289 days ago
2.

Peta Vale    

FIRST WOO HOO.Send the bitch to jail. They'd do it to us.

1289 days ago
3.

john smith    

The burden of proof is not 98 or 99 percent in beyond a reasonable doubt, who was the tard that wrote this shiat, I hope he is a working for free as a intern DAAAAAH

1289 days ago
4.

Peta Vale    

Oh I thought I was. Oh well second

1289 days ago
5.

JLS    

Oh look-TMZ has flipped again and now they are giving legal tidbits to the DA's office.

Clearly Ms. Lohan is going to jail for one thing or another. That's not news. The bottom line of all of the last few years for her IS she needs consequences. She has stolen things and violated her probation with the wildest excuses ever.

If Lindsay wants to do something she does. If she sees something she wants, she steals it. And if she doesn't want consequences she hires somebody who got OJ off when he killed his ex-wife and her friend. That's the difficulty here. She can pull off anything she wants to with NO consequences.

1289 days ago
6.

Echo    

Isn't this kind of a moot point since they have the whole charade on film?

1289 days ago
7.

Phil    

I don't know what all the fuss is about. Isn't prison like lesbian Club Med? Lindsay will have the time of her life and never want to leave!

I hope the DA gives her what she continually strives for, a year or more of Hot Sluts Behind Bars.

1289 days ago
8.

Jim in Cali    

damn Lindsay, u r in trouble. Lindsay only has herself to blame though. She should have been done with this DUI probation two years ago.

1289 days ago
9.

Joshua    

my understanding is that in la county a probation violation carries a mandatory year sentence. but the judge can lower the amount. or maybe thats just for males. in either case, bitch has had so many chances it ridiculous. 30 days, 30 more, 90 in rehab after testing positive for coke while on probation. all i have to say is the judge in my dui case was nowhere near as forgiving as what lindsays lawyers have been able to get their judges to give lindsay. i realize there is a major difference between a couple grand and the $75k blair berk costs, but really.

anyway, on one hand the judge should wait and see if she is convicted first and tack the sentence on top. but i also see a good option in putting her in jail for the duration of the necklace case. lets face it, lindsay is a target. but she has done absolutely nothing to make things easier on herself. do the time, and get the eff out of so cal for a while. find a place to lock yourself down and relax til you cant get in anymore trouble.

1289 days ago
10.

john smith    

a jury see's beyond a reasonable doubt as pretty much "do you think they did it". Films have said often "beyond the shadow of a doubt", I think the intern who wrote this should check with Harvey,

1289 days ago
11.

Sheeple Herder    

You can be sure that none of these Lohans believe that she will serve a single day in jail. Complete delusion is funny like that. What better way to show you are serious about probation than to commit serious crimes while you are on probation. She deserves jail if just for her stupidity and arrogance alone!

1289 days ago
12.

Sad sad    

Our system is pretty crazy.

1289 days ago
13.

john smith    

Reasonable doubt, Lindsay who is very famous and lives a few blocks away from the store, for only a few weeks and has already been to the store five times, she walks in with her friends and the owner is thrilled to see her. She tries on alot of stuuf and offers 3k for a ring cash. The owner is excited to see her and maybe questioning whether she should have taken 3k for the ring which had a $360...0 price tag. Lindsay forget she has the necklace on which only weighs a few grams..

1289 days ago
14.

Holly    

@john smith #3

Unlike a criminal trial where the prosecutor must prove the case "beyond a reasonable doubt", the prosecutor need only prove by a preponderance of the evidence that you violated probation.26

"Preponderance of the evidence" is what’s known as a burden of proof. This particular standard only requires the prosecution prove that it is "more likely than not" that you are guilty

1289 days ago
15.

coco    

Is she going to be driving Herbie The Love Bug in the next Fast & Furious movie?

1289 days ago
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