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Lindsay Lohan Could Dodge Probation Bullet

3/26/2011 4:50 AM PDT BY TMZ STAFF

A legal technicality could save Lindsay Lohan from going to jail for her alleged probation violation -- or at least delay it.

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Judge Stephanie Sautner -- who will preside over Lindsay's felony grand theft case -- will hold a preliminary hearing next month, in which prosecutors will present evidence she allegedly stole a necklace from a Venice jewelry store.

In California, prosecutors often don't present witnesses in preliminary hearings -- rather, police officers testify about what the witnesses told them. 

If prosecutor Danette Meyers uses police officer testimony to make her case, that cannot be used to determine if Lindsay violated her probation, because it's hearsay.  Under California law, judge's are not permitted to use hearsay involving key witnesses to violate a person's probation.

Short story -- it's likely Judge Sautner will not make a decision on whether Lindsay goes to jail for her probation violation until after the trial. 

Here's the bad news.  Even if Lindsay is found not guilty at trial, Judge Sautner could still violate her probation and throw her in jail.  The standard for determining a probation violation -- probable cause -- is much lower than the standard to convict someone of a crime -- beyond a reasonable doubt.

261 COMMENTS

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1.

ddc    

what a POS...

1256 days ago
2.

Jen    

She's a total waste of true talent and a great set of tits. Oh yeah, and tax payer dollars.

1256 days ago
3.

dimes    

She went from being a promising young actor to a professional defendant in what, five years? Pathetic.

1256 days ago
4.

chrisg    

There must be a conspiracy or she has the ENTIRE California judicial system on a payroll. How in the **** is she able to roam the streets on a FELONY case? Also what system allows a DEFENDANT to have as much as time as they need to decide whether she wants to take a plea deal or not? This is a load of ****, If she doesn't get some kind of time for her behavior -- we should rename CALIFORNIA to LINDSAFORNIA.

1256 days ago
5.

Lori    

Different day, different story, seems TMZ is covering all of their bases, so either way they can say "SEE, We TOLD you it would end up like this"

Pick a story and stick with...

1256 days ago
6.

Good riddance!    

For these Lowhanlifes, they seem to think denying and putting off the the inevitability of a life behind bars is some sort of victory. It only means a better armed and developed case for the prosecution. This ho will soon be turning tricks for tp handrollers in the pokey, count on it!

1256 days ago
7.

Cartman    

Lindsay is going to jail, but unlike normal people if she gets sentenced to a year she will only have to do 17 days due to the overcrowded cells for celeb whores who are choking up the system.

It would be sweet if she faced the same justice as an average citizen.

1256 days ago
8.

SeaThom    

Isn't she about due to fail a drug test or get another DUI? It's been a while..... TMZ doesn't know what the hell is going to happen. One day it's "she's headed to jail" the next it's "she's gonna get away with no jail". Get out there and find some real news for a change.

1256 days ago
9.

Sheeple Herder    

Even the Wicked Witch of Long Island's flying monkeys are doing vulture circles over her. The Wicked Witch is now trying to replace this threadbare tired tire with the wimpy and pre-aged donut spare tire she keeps in the trunk of her broom- aka Ali...

1256 days ago
10.

Lucky_130    

Lindsay will be the new lOLA bURNS!

1256 days ago
11.

Lucky_130    

Remember, Lindsay only goes by Lindsay now.

1256 days ago
12.

Sheeple Herder    

Judge Keith Schwartz -- "You're no different than anyone else ... please don't push your luck."

They're not just pushing their luck, they're whipping the hide off of it!

1256 days ago
13.

Phreaky    

She's not going to jail, she always skates, because the rules don't apply to her. The closer her trial date gets, the more of these stories we hear about how you've realized a way she "might" escape jail.
DUH TMZ - She's not going, and it will suck.

1256 days ago
14.

who-me    

Hey Lindsay, remember when you kissed me in Detroit, Yeah, my penis still smells!

1256 days ago
15.

Cartman    

Lindsay wouldn't be so keen to go back if they hadn't made it so soft for her.

What's the downside? She has to spend 17 days doing yoga and doing situps in her cell?

It's a joke. Make her at least have to share a wall with some real prisoners so she can have the real experience.

To her, it's all a joke and she's right.

1256 days ago
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