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Lindsay Necklace Case -- No Contest Plea Tomorrow

5/9/2011 10:35 AM PDT BY TMZ STAFF

Lindsay Lohan will officially plead no contest to misdemeanor theft tomorrow -- TMZ has learned -- but Lindsay won't be showing up in court.

Lindsay Lohan Plea

Sources connected with Lindsay tell TMZ ... Lindsay wants to show up for the plea, but the cost and craziness associated with a Lindsay Lohan appearance is just too much -- what with extra Sheriff's deputies, court disruption, etc.

So Lindsay's lawyer, Shawn Holley, will appear before Judge Stephanie Sautner to enter the plea.

TMZ broke the story ... Lindsay will plead no contest, and in such cases it's routine a defendant can serve the sentence with an electronic monitoring device at home, rather than doing jail time.

As we first reported ... both Sheriff's Department and the Probation Department sources tell us ... Lindsay would be eligible to serve her 120-day jail sentence with electronic monitoring at home.

Judge Sautner has made it clear ... she's treating Lindsay like any other defendant, so it's likely the judge will allow her the electronic monitoring option.

And, a defendant who serves time at home with an monitoring bracelet gets the same time off for good behavior and jail overcrowding as someone who serves time in the pokey.  And we're told 120 days translates into 14 DAYS.   So 14 days with a bracelet and she'll be off the hook with the necklace!

TMZ will be in court tomorrow.

Stay tuned.



215 COMMENTS

No Avatar
106.

ilovegossip    

Whatever happened to this:

"Ms. Lohan has maintained her innocence from the moment this case was filed and she has never wavered," attorney Shawn Holley said in a statement. "Though many advised her to follow the safe route by taking 'the deal,' the truth is, Ms. Lohan is innocent; she has a strong defense; and we are confident that a jury will listen to the evidence fairly and acquit her."

1240 days ago
107.

Holly    

She cant do simple probation without a violation, why would anyone think she can do house arrest without getting in trouble?

1240 days ago
108.

Blood Red Witch    

So what Harvey is saying is that the courts will give her the equivalent of being grounded and sent to her room.

1240 days ago
109.

Terra Firma    

No contest is an admission of guilt. Cool. Now the world knows what a lieing, theiving ho-bag LiHo is.

Good luck getting into all those a-list parties LiHo! Even at this point b-list is out of your stickyfinger reach. Maybe an occassional party at the local Olive Garden will be more your style.

1240 days ago
110.

Pony Princess    

ILG,
that statement is going out the window now that LL has a chance to have this case taken care of with relatively little punishment. When it was a felony, pleading guilty or no contest was equitable in the eyes of the law and she would be considered admitting guilt for purposes of civil suits. Plus have the felony probation, etc.
Now that it is a misdemeanor, doing a no contest (which she may or may not plead to) might result in no more time than she has to do for the vop, and she doesn't have to admit to guilt. Just that she no longer wishes to contest it. Many times people don't contest misdemeanors because the cost to do so is too great and they may get more time served because of it. It can be listed as being done for economical reasons and she will benefit from using that as her excuse, and still be able to say she's taking responsibility.
But, being LL, maybe she won't plead and will go to trial. Let's see what Wednesday holds.
I still think that unless there's some agreement with the judge to give her no more time than she already has, or to offer to dismiss the charges if she complies with certain things, that she may not want to plead no contest unless it's the only way to ensure that the charges aren't put back into the felony range.
But, I could be wrong. I'm human that way.

1240 days ago
111.

John dowser    

Absolute joke. That b___ should be doing serious time. Celebrity justice. All Californians should be ashamed...frickin absolute joke!!! This airheaded celebrity will screw up again, and I give her 6-8 months max, before she stands in front of a judge again, and gets her wrist slapped again !!!

1240 days ago
112.

Marie Vancouver    

Aw nuts. Can't we just throw her in jail for a while? It would be wonderful not to have to see her untalented mug on TV and in magazines all the time.

Yawn.

1240 days ago
113.

Marie Vancouver    

Aw nuts. Can't we just throw her in jail for a while? It would be wonderful not to have to see her untalented mug on TV and in magazines all the time.

Yawn.

1240 days ago
114.

reily    

Nicole . Her VOP appeal would look a whole lot better if she went to trial and won
She is still tied up in the CS for most of this year and with a plea / conviction under her belt the next thing that comes along will send her to prison . She is running out of options.
Be certain Nicole , there will be something else. The only way she could be safe is to get out of LA but she can not do the until she is out of this mess .

1240 days ago
115.

Shannon    

Jeez... Joe blow off the street would do time in the big house. ..."any other defendant"... that is rich and famous, it should say.

1240 days ago
116.

andyconda    

All of the above answers are wrong. Every county jail in the state is 33% credit. 15% (serving 85%) is only used for prior strike/violent offenses in prison. If you go to prison for a non-violent offense, you get 50% credit. As long as you stay in the county jail, it's 33%. The 50%/15% distinction is prison only.

For sixty days, you do forty actual. With the two days credit, that brings it down to 37 actual days custody. Considering overcrowding at Orange County and every other jail in the state, probably no more than 30 because the sheriff kicks short-timers out early.

If you do home confinement, you don't get jail credit. If you do work alternative, you don't get jail credit.

1240 days ago
117.

andyconda    

Nicole house arrest does not give you jail credit ha ha

1240 days ago
118.

dreamon    

She's not tied up with he VOP for a year. She has a year to complete it. If she was really serious about taking responsibility she would bang it out in a few months with a smile on her face.

1240 days ago
119.

andyconda    

cali law says you do not get off early for good behavior on house arrest

1240 days ago
120.

Aqua    

At the rate she's going with the CS it will take a decade.

1240 days ago
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