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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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91.

lou    

Nicole, you're clueless. She did more than miss a couple of classes. Is this like your classic comment to Matt Lauer that she was only in rehab twice? She missed NINE alcohol ed classes, Dina, NINE. And the program had been covering for her too, claiming she'd attended classes that she hadn't. And let's not forget about her little, "The dog ate my passport," business. Do you realize how disrespectful it was for her to not come back on time for her hearing? She stayed behind in Cannes instead, PARTYING. Yep, that's what was most important, wasn't it, Dina?

THESE reasons are a part of the so-called "INJUSTICE" you keep claiming, Dina. Jesus Christ, get a clue, before your daughter ends up dead as a result of your selfish lies/denials.

1158 days ago
92.

gretchen    

Well Nicole was busy filming 20/20 yesterday.

They are trying to revamp her image. She knew from the beginning and did nothing, it was a private matter, etc.

Probably a fluff piece. What about when the police told you she had a stalker in LA and you did nothing, not even call them back. They even sent a representative to your home.

Dina is trash don't buy the repackaging.

1158 days ago
93.

lou    

Good morning, Grandma Cracker.

I don't know anything about the legal system but perhaps this is why they're holding onto the tape. However, it doesn't seem fair that the defense hasn't had the opportunity to see it yet, little as I like Lohan. I'm sure Shawn will, however, and will be able to make up some more fairy tales about Lindsay, in order to sway the judge and/or jury. I myself would be surprised if Lohan actually saw more than a week in prison, but who knows?

1158 days ago
94.

ilovegossip    

Someone a while back had asked for a timeline. Here is what I could come up with from wikipedia, etc. I hope I didn't miss anything:

2006 – while filming Georgia Rule hospitalized for being “overheated and dehydrated”. Producer writes her letter saying she was irresponsible and unprofessional, and that they were well aware that her all night heavy partying is the real reason for the exhaustion.
2006- starts attending AA meetings
January 2007- admits herself to Wonderland. Checked out Feb 16, 2007.
May 26 2007 – arrested for DUI- “usable” amount of cocaine found in her car.
May 2007 – enters Promises Rehab for 45 days.
July 2007 – fitted with scram bracelet.
July 24, 2007 – arrested for second DUI after hijacking a car to chase her ex-assistant's mother. Chase ends at Santa Monica police station were police were waiting with guns drawn. A small amount of cocaine was found in her pocket. She claimed the jeans weren’t hers, and the guy in the orange shirt was driving the car.
August 2007 –entered Cirque Lodge Treatment Center – discharged October 5, 2007
August 23 2007 – pleaded guilty, serving 1 day imprisonment and 10 days community service. Also 3 years probation and must complete an alcohol education program.
May 2008 – Steals fur coat from Marsha Markova – returns it once Markova’s lawyer calls Lindsay’s lawyer. Markova sues and Lindsay settles out of court.
May 2008 – Lauren Hastings claims Lindsay stole thousands of dollars worth of clothes
June 2009 – Four hundred thousand dollars worth of Dior jewelry went missing from Lindsay’s Elle photoshoot.
August 2009 – XIV Karats loans Lindsay 2 million worth of jewelry. When asked to return them, Lindsay claims they were stolen from her safe.
October 2009 – Lindsay does not return jewelry from Ariella de Pinto that were on loan. The credit card to secure the loaned jewelry is cancelled.
October 16, 2009 – failed to attend court ordered substance abuse treatment, probation extended by 1 year.
April 2010 – Lindsay is questioned over a missing $35,000 Rolex watch. Lindsay is pictured wearing the watch. It was eventually returned to the owner.
May 20, 2010 – missed required court hearing after “losing” her passport. Arrest warrant issued, posts 100,000 bond.
May 24, 2010 – fitted with new Scram bracelet.
June 2010 - scram bracelet alarm goes off after Lindsay attends the MTV movie awards party. She claims a drink spilled on it.
July 2010 – Church, a high end boutique sues Lindsay for spending seventeen thousand dollars on clothes and had no intention of paying for them. Lindsay promised her business manager would pay for them, but they only paid one hundred and eighty dollars.
July 6, 2010 – ordered to serve 90 days in jail and 90 days in rehab for missing counseling sessions. Wears F*U on her nails during court appearance.
August 2 2010 - released from jail and taken to UCLA for rehab – released August 24th (23 days)
Sept. 17 2010– failed drug test
Sept 28 2010 – checked into Betty Ford Center for Rehab
October 22, 2010 – ordered to remain in rehab until Jan 3rd.
December 12 2010 – caught climbing over a wall after hours at Betty Ford. Involved in an incident with Dawn Holland. Turned over to judge for violation of probation.
January 22 2010 – walked out of jewelry store with necklace valued at $2500, returned to police station by her assistant after search warrant is issued.
February 9, 2011 – charged with felony grand theft.

1158 days ago
95.

gretchen    

Send her to Jail!

1158 days ago
96.

Munden smith    

I think that court should be punish against this woman.

1158 days ago
97.

dude    

damn ya'll, if she goes to jail what the **** will you report on, might as well get a real job...because you obviously can't focus on anything but lindsy lohan....geez!!

1158 days ago
98.

Curmudgeon10    

Why is this "bad news?" Sounds like justice to me.

1158 days ago
99.

Grandma Cracker    

#69@JOHN SMITH.....back off Michael, it's Nicole and Susan's job to do the suing. You need to go find some numbers to crunch to try and convince us that Lindsay is still relevant in Hollywood

GOOD MORNING LOU!!!

1158 days ago
100.

themare    

#98 Lou,

Dina has admitted that Lindsay's passport was NEVER stolen. DINA told Lindsay not to come back to the States. Nice mother

1158 days ago
101.

TCYB    

This is what should happen and she also violated a court oedered random test.

1158 days ago
102.

lou    

And why is that, Nicole, why does Lindsay manage to anger every single judge? Do you think the FU on the fingernail might have something to do with it? Or perhaps her refusal to leave Cannes to show up for her hearing? Or maybe it's the smirk that she wears in the hearings (thanks, TMZ, for coverage so we, too, could see them in living color.)

I'm waiting for you to say it's the judges' faults. Surely that's on the tip of your tongue. Must be that, it couldn't be darling Lindsay's fault.

1158 days ago
103.

themare    

Good morning, Lou

Ilovegosip

You forgot about her stealing from Louis Vuitton. She's blacklisted there, as well.

1158 days ago
104.

Sam    

OJ can give her tips on how to find the real thief.

1158 days ago
105.

mary seguin    

That would be the best news ever. yu can't keep breakin th law and hviinn money buy you out.

1158 days ago
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