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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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76.

themare    

Nicole,

You can't take a 15 year old out to bars, let them drink, do cocaine with them (which Dina has admitted), condone all of her bad behavior and then when the child is a full blown addict all of a sudden tell her it's time for rehab? Sorry, but Dina should have been more of a mother than a "pal". If Lindsay was that out of control at age 15, a "normal" mother would have packed the kid up whether she liked it or not and taken her back to Merrick. Dina never tried to have a mother/daughter relationship. She used to deny she was Lindsay's mother for God's sake so she could pick up guys!

1310 days ago
77.

KristinaLA    

Throw her in jail!!!

1310 days ago
78.

Layken    

Let it go!? NOTHING is going to happen to this woman as long as she has money~ All the Headlines about her going to jail are a joke. She has fame, entitlement and no moral compus = "walk" in hollywierd. Seriously - do you know anyone who got a DUI in'07 that still is dealing with it? No, they paid the fines, did the classes or jail time and moved on - except for higher insurance rates it was done. This is just a joke! NOTHING will happen to her till she does something to herself.....Will be waiting for that headline as it should be soon~ Sadly.

1310 days ago
79.

Glynn    

And hopefully they'll throw away the key!

1310 days ago
80.

Spot    

Speculating on what a judge might do is a real crap shoot and not a good bet.

Basically what TMZ is saying is; the judge will say the theft has not been proven and you will not be given a chance to prove your innocence, I am putting you in jail for probation violation because it is easier than having a trial and proving your guilt.

All of this might be cooked up by a seasoned prosecutor who is running for public office and would be subject to peer evaluation and public attitude towards a prosecutor who uses a tactic like this?

No mention of what any appeals court might think of this idea.

Slow news day at TMZ???

1310 days ago
81.

Spot    

Speculating on what a judge might do is a real crap shoot and not a good bet.

Basically what TMZ is saying is; the judge will say the theft has not been proven and you will not be given a chance to prove your innocence, I am putting you in jail for probation violation because it is easier than having a trial and proving your guilt.

All of this might be cooked up by a seasoned prosecutor who is running for public office and would be subject to peer evaluation and public attitude towards a prosecutor who uses a tactic like this?

No mention of what any appeals court might think of this idea.

Slow news day at TMZ???

1310 days ago
82.

Spot    

Speculating on what a judge might do is a real crap shoot and not a good bet.

Basically what TMZ is saying is; the judge will say the theft has not been proven and you will not be given a chance to prove your innocence, I am putting you in jail for probation violation because it is easier than having a trial and proving your guilt.

All of this might be cooked up by a seasoned prosecutor who is running for public office and would be subject to peer evaluation and public attitude towards a prosecutor who uses a tactic like this?

No mention of what any appeals court might think of this idea.

Slow news day at TMZ???

1310 days ago
83.

SOOTHE    

I think as part of her punishment they should make her do the walk of shame. Make her wear a sandwich board that says in
huge letters " I AM A THIEF, I STOLE FROM THIS STORE" and make
her parade up and down in front of the store she stole from for about a week. Then toss her butt in jail for the full sentence.

1310 days ago
84.

Holly    

Dont expect Charlie Sheen to help Lindsay with her career.
Her behavior was unprofessional and very disrespectful to the stars and crew memembers of the movie "Bobby". Written and directed by Emilio Estevez.


Lindsay Lohan is "very, very disrespectful" William H Macy criticized Lindsay Lohan's behavior when filming the movie "Bobby" together earlier in the year.

William said he thought Lindsay was talented but "very, very disrespectful" to her co-stars and the crew behind the film.

"I think what an actor has to realize (is that) when you show up an hour late, 150 people have been scrambling to cover for you. It's nothing but disrespect. Lindsay Lohan is not the only one. A lot of actors show up late as if they're God's gift to the film. It's inexcusable, and they should have their a**es kicked", said William.

"I worry about these young kids - 15, 18, 20 years old - who in the span of one year become millionaires and powerhouses. It's too much power for a kid that age to handle", added he.

Lohan was blasted in a letter last month from Morgan Creek CEO James G. Robinson for her absences on the set of her new film, "Georgia Rule." He called her behavior that of "a spoiled child."

Lohan is in "Georgia Rule" with Macy's wife, "Desperate Housewives" star Felicity Huffman.

Lindsay Lohan gets another lesson in manners and life, from William H. Macy

1310 days ago
85.

Cravin Morehead    

TMZ---You're a bunch of morons! I wrote this the day it was announced she stole the necklace. Ya'll must line in a cave!

1310 days ago
86.

lou    

Good morning, themare.

---

#75
I thought Dina was on 20/20, and yeah, she was a joke. She didn't mention that SHE was the one who took her kid out drinking when she was only 15.

---

That's insane.


She didn't mention that she dumped her off alone in Hollywood at age 17.

---

Beyond insane. With all of those jackals out there? And your daughter being an impressionable child still?

---

She is still lying. "I grew up in this business. That's all I know." Really? You were a perfume salelady for God's sake. You were NEVER a Rockette. You were never an actress. You never taught dance. you were never a Wall Street analysist You are as delusional as your daughter and that's why Lindsay will never change.

Posted at 5:20 AM on Feb 18, 2011 by themare

---

One thing I definitely see that's the same with mother and daughter is the level of lies/denials. Dina has been very publicly outed as never having been a Rockette or in any form of show business but she's still trying to pretend otherwise? This sickness of hers with being a star is what paved the way to her daughter's own sickness about wanting to be a star, no matter what the cost.

And the funny thing is, I'm not sure that Lindsay really wants to be one at all. She does EVERYTHING within her power to free herself of the obligation. I suspect that's her subconscious way of getting the Lohan family off her back, financially and otherwise.

I also think a MAJOR source of her sickness/attention seeking behavior is Dina and Michael's continued public battle with one another. Their behavior is abnormal. Neither one is willing to let it go and MOVE ON in life. It's like they want to destroy one another. And they seriously, very seriously think this isn't affecting Lindsay and the other kids?

The entire family needs intense counseling but since they're in denial, I doubt that any of them will ever see it or do a thing about it. Except continue to spiral out of control.

1310 days ago
87.

lou    

Nicole,

Actually that's sad and sickening if Lindsay did, indeed, punch her mother in the face when she tried to bring her to rehab. Part of Dina's mistake was giving Lindsay everything and giving in to her every whim from when she was little.

I've worked with privileged children and saw the same behavior from them. Children in 1st grade were beating up other children, knocking their heads against desks, kicking others hard, meaning to cause harm, throwing stones at teachers and hitting them, calling adults "stupid" and "ugly", you name it. The parents just sat around and watched and said nothing. Or thought it was cute.


The problem is that the children don't LEARN how to be civilized adults when no one teaches them and they grow up to be...like Lindsay.

Being a parent doesn't mean being a buddy to the child. Oh, you can be one IN PART, but you've always got to be a parent first and foremost. If you let them get away with murder, believe me, they will. Case in point, Lindsay Lohan.

And I'm sure that Dina would much rather be planning a vacation than dealing with Lindsay's continued, bratty, attention-seeking criminality but that's going to be her lot in life, thanks to lax parenting.

But I do applaud you, Susan, for at least starting to acknowledge that there is, indeed, a real problem there. And I don't envy you at this point, you've a tough road ahead of you.

1310 days ago
88.

lou    

Ah, so THIS is why Dina has kept her big trap shut lately. What a great way to keep Team Lohan from speaking/acting out (excluding the ever nutty Michael.) I guess that despite Dina's protests of La Lohan's innocence, she gets how much trouble Klepto is in. No wonder she's been on the boards screaming her head off about how it's the shop keepers fault, the DA's fault, blah bleh. She's desperate to deflect the guilt to try to make people think that Lindsay's innocent, in case Klepto's case goes to trial. And I truly think that you'd get one star struck moron on the jury who wouldn't bother to look at the evidence but just think about how much they LOVED Kleptohan in Mean Girls.

However, Dina-won-t-you-blow-your-Denial-Horn also knows that Klepto's goose could be cooked if the worst-case scenario occurs. No more free ATM ride for Mama Liehan.

An interesting thing: In an article about Michael Lohan, he stated that Lindsay made $40 million in one year, which is totally possible. Dina gets 15% of that as the "Momager." That equals to $6 million dollars. In that year alone. So my question is, why does Mommy Lohan have to keep Lindsay working? Why can't Lindsay retire for a while and have Mommy Lohan take care of her, which she very obviously needs? Makes Dina's money-grubbing actions all the nastier, when you realize that she's very wealthy herself.

1310 days ago
89.

Nicole     

@Layken

The only reason she is still paying the price is because of the INJUSTICE of July 6th.
When Lindsay was sentenced to 1 year of formal probation along with 90 says of jail and 90 days of rehab for missing a few classes she had completed ALL her probation requirements.

She had done absolutely everything in early 08 with the exception of the 18 month 2nd offender DUI program which was supposed to be completed by July 09. She paid the fines, did the jail time , did the Hosptial and Morgue program, completed the 90 day rehab in 63 days and did the community service.

She completed 35 out of 36 months probation and instead of her probation being terminated she got 1 year of FORMAL probation for nothing.

1310 days ago
90.

Grandma Cracker    

Oh my gosh, could this be why the DA has not turned over the store's security tapes to Lindsay's lawyer yet? If there is no trial and the judge only is going to the see the tape of her walking out with the necklace.....

1310 days ago
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