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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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46.

Nicole     

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,

Posted at 1:54 AM on Feb 18, 2011 by Holly
__________________________________________________________________

Well Lindsay has 17 days credit from the previous 3 times that she was in jail because of this 2007 case.
Non violent offenders are currently serving 20% of their sentence because of overcrowding but their actual sentence is already cut to factor in good behavior.

Alexis Neiers 180 day sentence in June :
180 day sentence served 29 days with 4 days of credit (33 days) 25%

180 days cut to 120 because of good behaviour
25 % of 120 is 30 days
Alexis Neiers served pretty much 25%

Lindsay Lohan 90 day sentence in July:
90 days which consisted of 3 consecutive 30 days sentences of which she served 14 days of with 2 days credit

90 day sentence was automatically cut to 51 for good behaviour
She done 3 separate sentences and served over 4 days on each 30 day consecutive sentence.

25% of that is 13.6 which would probably be rounded up to 14 days,
Lindsay did 14 days but she really done 13 full days with a release after midnight on the 14th day.
_____________________________________________________________________
1 year sentence with 17 days of custody credits applied:
Non violent offenders are serving a MAXIMUM 20% of their sentence.

A 365 day sentence would be automatically cut to 243 days with good behaviour of which she would serve 20% of.
20% of that is 48.6 so this could be rounded up to 49 days. This means she would do an absolute maximum of 48 full days with a midnight release.
I don’t know how her 17 days of custody credits would be applied.
If she was lucky she would do a month then be free with no more probation, enforced sobriety or legal obligations.

1253 days ago
47.

Lindsay Lohan    

and she should pay for the money it will cost to have her serve those 30 days in jail and all the court hearings. NOT the California Tax payers.

Nice work Nicole.

1253 days ago
48.

SOOTHE    

One charge should not be exchanged for another. She should be charged with both and do time for both. She stole the necklace and broke the terms of her probation. Don't give her time for something that she will only get another slap on the wrist for.
Absolutely nothing will be achieved and we will see her back in court for another appearance that she won't take seriously.

1253 days ago
49.

o Russo    

Harvey I don't care anymore. After those last few posts demonstrating how Lohan can get off through legal maneuvering, it just seems like a big charade.

1253 days ago
50.

Lindsay Lohan    

you are SOOTH. she's still in denial and can't admit that she's done all the things she has been accused of over the years. She will never come clean by the looks of it. everyday that goes by is one more day closer to "THE NEXT TIME"

1253 days ago
51.

mija    

Didn't judge Fox quit? How can this all go back to her if she's not willing to deal with Lindsay's future cases? Also, if she's not guilty, how can she be charged with breaking her probation? She can be charged with violating her probation by drinking but why theft if there's absolutely no proof she had intentions of stealing? You can't charge somebody based on a hunch.

1253 days ago
52.

Lindsay Lohan    

I wonder if her handlers are starting to realize that she is a sinking ship with no real chance in Hollywood again? I think her mom Dina kinda knows since she finally got a job of her own. Her dad needs to get a job as well and stop selling Lindsay stories. I wonder what would the parents really do if Lindsay cuts them both off once and for all. I know they both would end up writing a tell all book but the books would bomb since we all already know the story..

1253 days ago
53.

themare    

It all depends on the surveillance tape, folks. If the tape shows Lindsay furtively glancing around to see if anyone is watching her, she is TOAST. If the tape shows the classic shoplifting tactic of creating a distraction, she is TOAST. Believe me when I say that all of the Judges are WELL schooled in shoplifting tactics and that is really all he has to see. Personally I think Lindsay has been stealing for years and this time she made a MAJOR mistake. All of the large companies she usually steals from ( Louis Vuitton) just blacklist her, her friends drop her when she steals from them, the fur coat deal was settled out of court for $10,000. This time, she stole from a family owned company. It wasn't some big brand name company, and they weren't her friends. They DID try to call her and she pulled her "classic Lindsay shoplifting stunt"-she wouldn't return their calls. So, yeah, I hope the Judge throws the book at her!

1253 days ago
54.

Holly    

@nicole #53,
Danette would have to agree with this plan, and I seriously doubt she would.
There may be some special cir***stances for sentencing beyond 12 months (or it’s the TMZ legal idiot team).
TMZ has is not known for being the best for site for accurate information.

1253 days ago
55.

Lindsay Lohan    

mija, probation means you must follow all laws. That means stealing is a violation. As for no proof. How much proof you want? Her own assistant turn over the necklace. They have tape. Let's say it was a loaner, how come no one from the store can say they loaned it to her? How come she didn't return it to the store when she heard about the search warrant? Now let's say she took it by accident like they other excuse she used. Well, after a couple of weeks wearing itm don't you think you would notice that it was around your neck? Let's be real here. She stole it and she won't admit it..

1253 days ago
56.

MIDNIGHT TOKER    

she is no way going to jail...

1253 days ago
57.

Rose5491    

TMZ is.. obviously... scraping the bottom of the barrel to come up with Lindsay "stories" to keep us amused until the court hearing next Wednesday.

While this particular scenario may or may not be possible, I think it is highly unlikely.

I think that they will either reach a plea deal or it will go to trial. But I think SCH knows that going to trial is a huge risk, so I think a plea deal is much more likely.

In any case... as many of us have said for months... unless and until Lindsay is forced to suffer REAL consequences for her actions, this circus of crime, hearing, bail, short jail stint, probation violation, slap on the wrist... will continue ad nauseum until she either 1) kills an innocent person while driving impaired or 2) overdoses.

Nice try TMZ, but I'm not buying it... lol

I'll wait to see what unfolds in court next week...

1253 days ago
58.

Chaps    

Why she wasnt slammed in the clam slammer from day one is a mystery to me.

CA is running their justice system off of vegetable oil donated by taco shops.

I would now like a photo chop as Liloho as a piece of toast. But perhaps they should wait until the hearing is booked.

1253 days ago
59.

Nicole     

Nevermind I just released that TMZ said more than a year.
The maximum time she could get for the charges that she is currently on probation for are 455 days.
2 x 180 day sentences for each DUI and 90 days for the reckless driving.

Presumably if the Judge was to throw the book at her she would get 3 consecutive sentences for each charge.
180 days for the 1st DUI
180 days for the 2nd DUI
90 days for reckless driving

______________________________________________________________
455 day sentence with 17 days of custody credits applied:
Non violent offenders are serving a MAXIMUM 20% of their sentence.
A 455 day sentence would automatically be cut to 303 days because of good behaviour and she would serve 20% of this.

20% of this 60.6 days which would presumably be rounded up to 61 days.
Presumably she would be released after midnight on the 60th day and serve:
24 days for the 1st DUI
24 days for the 2nd DUI
12 days for the reckless driving
I don’t know how the 17 days of credit would be applied but if was just applied to the original sentence she would still have to do 58 days which would suck.

1253 days ago
60.

Soetoro    

TMZ take note, its over. Nobody cares anymore, just let this nobody fade into total anonymity. 50 comments in 5 hours all from 6 people. Seriously, nobody cares about 2011 Dana Plato. Give us some Gary Shirley or Michael Jackson's doctor crap. Lets this family go back to sweeping floors and swallowing @#%^, thats what they were born to do.

1253 days ago
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