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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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16.

learnmachine    

You Guys at TMZ are stupid if you think I am going to buy this crap. And I thought Harvey was a lawyer? More like ex lawyer now Hollywood celebrity wannabe?
I know that news are slow and you need to come up with new crap to keep your readers interested in the case, but this is really becoming stupid glitch in the system you guys provide to the readers. Lindsey is a has been. For Gods sake, even Pam Anderson has bigger chance to land a role in a chick flick than Linds does.
ABC is developing a series which stars fall celebrity-A has been, and Lindsey wasn't even offered a role-She has no agent, her agents are her mother and father and neither have a license to the that job, so its no wonder no deals are happening.

1161 days ago
17.

CN    

Whoa, this could get really interesting. Is Harvey working strategy for both sides of the case now?

We all know, except the Lohans (and Ali, too), that the best place for Linsay right now is behind bars. She can get away from her toxic parents (except for visiting days), take refresher AA and drug classes, maybe get some long overdue psychological counseling, and just stay clean and DRAMA-FREE for the duration of her unfortunate incarceration.


Then again, maybe not.

Please, please, PLEASE televise the trial...

1161 days ago
18.

CN    

Lindsay forget she has the necklace on which only weighs a few grams..

Posted at 1:34 AM on Feb 18, 2011 by john smith

Oh! Oh! "...only weighs a few grams"?? Lindsay should know!

1161 days ago
19.

john smith    

@19 Holly LOL the preponderance of evidence... is that most Hollywood celebs with high powered lawyers are excellent skaters...... and Lindsay is gonna skate out of this one with another slap on the wrist.... 30 days in a jail max..., get found not guilty at best. and maybe sue the jewelry store for a million or more, you are delusional if you think else..

1161 days ago
20.

Holly    

If the judge finds that you did indeed violate probation...

Then the judge will consider factors such as

your criminal history,

how long into your probationary sentence you violated probation,

the seriousness of the violation, and

any recommendations made by the probation department


in order to determine what penalties to impose. After considering all of theses factors, the judge has several options. He/she may

reinstate your probation on the same terms and conditions,

modify your probation with new terms and conditions, or


revoke your probation and sentence you to serve your jail or prison sentence (if this is the option that the judge exercises, you are entitled to credit for any time that you previously spent in a jail, prison,

1161 days ago
21.

NOLA    

Why are people so eager to spend their tax dollars on this tramp?
Do you have any idea who much it would cost to keep her in jail for a year?
They should make her join the military and serve a year without any pay in Iraq or something.

1161 days ago
22.

Sad sad    

mickeba mmm hard to say. I've had some pretty miraculous outcomes with things myself but for the most part I'm a law abiding citizen. Never had a dui or troubles like she has though. My thing with her is I'm glad to hear shes been sober this whole time. That's getting side swiped with this stuff. Whatever happens here hope she continues. She looks great.

1161 days ago
23.

susan    

I've never read such a load of BS in all my life. Look at TMZ front page people, all their latest stories are getting only a handful of comments, what do they do? yeah, lets post an impossible scenario about Lindsay Lohan and you fall for it! LOL!

This post about Lindsay is pure unadulterated BS, it is NEVER going to happen.

1161 days ago
24.

john smith    

I guessing if she is found not guilty, Harvey and TMZ could be sued for millions,,,,,just a guess....

1161 days ago
25.

L.    

I don't think she stole the necklace. I think because of her past wreckless behavior, the DA has it out for her. The DA is probably mad that Lilo has been able to wriggle out of the jail time for her past offenses so she's trying to get her in any way she can.

I think it's sad you all are telling her to just die already. Her parents thrust her into the spotlight as a child and from all appearances, they are as screwed up or worse than she is. I think the majority of her behavior, while truly annoying, was for attention.

I just wonder if jail will help her or hurt her more....

1161 days ago
26.

richardwww    

or on the other hand, the DA could drop the case, Meyers asks the judge to violate her probation, the judge looks at the evidence and decides there is doubt and lilo gets to go home. Judge Fox wants this whole thing over and if there is doubt it will be.

1161 days ago
27.

learnmachine    

L

She disrespected the judge and entire California law system by showing up with that horrendous white dress. And all she could come up with was that white symbolized innocence?

Her parents sure are enablers, but its her own fault to end up the way she did, she allowed them to manipulate her. If she did not, she would probably won academy award by now. Girl has talent, that is undeniable, but she also need to grow up, and take a responsibility for her actions,
and not just look for weird excuses, for every stupid thing she does.

It sucks for her that no agency wants to work with her. She is doomed to star in Porn. And I feel bad for her because the girl has proven she has talent, and she won't be able to prove that again.

1161 days ago
28.

Sharon    

Could we all chip in to save the taxpayers money and have a DVD made?

Judge and/or District Attorney: "These are serious charges."
LL: "I'm so scared and contrite."
Judge: The NEXT time you violate the law, I'll put you in jail.

The state can save the money for a trial and all the security personnel required.
LL can play it in her living room and not hurt herself when she falls on the floor laughing.

1161 days ago
29.

Lindsay Lohan    

it's too bad she could of been a good actress if she would not followed the Hollywood life style and moved to a place that's far from the glam. she got sucked into believing that she was better than most. It started young for her. Fueding over that Carter kid. Acting out on movie sets man I can go on and on with this chick. If she gets out of this which for some reason I think she will becuase of the Hollywood justice system. She needs to move from there fast and get away from the spot light. Somewhere like the middle of NM like Julia Roberts.. OK, I am all coffee's out...later..

1161 days ago
30.

richardwww    

Oh and one last thing for you to think on, the probation department said they would not violate her probation unless she was convicted.

Lilo you're lookin good girl.

1161 days ago
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