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Lindsay Lohan

Scores Rehab Victory ... Maybe

5/2/2013 7:59 AM PDT BY TMZ STAFF
breaking news

0502-tmz-judge-dabney-merk-hellerLindsay Lohan may have gotten away with it again ... she checked into a rehab facility that was NEVER approved by prosecutors and the judge seems like he's down with the change.

TMZ broke the story ... Lindsay checked into Morningside Recovery this morning in Newport Beach.  As we previously reported ... prosecutors and Lindsay's lawyer, Mark Heller -- who wore a tie that could itself be a felony -- had agreed she would enroll in Seafield Center in Westhampton Beach, NY.  Heller never gave prosecutors a heads-up that Lindsay was flying to CA last night to enroll in Morningside.

As we reported, Lindsay made the change because Seafield wouldn't let her smoke at the facility ... but smoking was permitted at Morningside. 

A furious prosecutor -- Santa Monica City Attorney Terry White -- clearly felt blindsided by the change, saying he learned about it from the media yesterday.  White also expressed misgivings about Morningside, saying he found 3 articles "condemning" the facility.

050213_lohan_prosecutor_launch
As for what prosecutor White was talking about ... in 2012 State investigators suspended Morningside's license for allegedly being careless with prescription drugs.  And at least 9 families of patients reportedly sued the facility for failing to deliver treatment.  At the time, a State official called Morningside, "a substantial threat" to the health and safety of the public.

But Judge Jim Dabney looked at some of the paperwork about Morningside and said on its face it seemed like the rehab joint was acceptable, but he's giving prosecutors a week from Friday to investigate.

For now, Lindsay will stay at Morningside -- where she can smoke as many cigarettes as she wants.

494 COMMENTS

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166.

truthteller    

Please god let the judge b steam coming out their ears angry ! !!!!!!!

483 days ago
167.

DTD    

Oh my f**king God. The Judge said he doesn't have a problem with her being there. I f**king do, why can she dictate her own terms?

483 days ago
168.

Amy E    

It's clear from watching this that Mr. Heller has some kind of mental problems, because he has NOT HEARD ONE THING THE JUDGE/PROSECUTION SAID! He keeps repeating that he'll "bring the lady in" to talk to the prosecutor.....this entire debacle is laughable. And shame on the idiot judge/prosecutor for not jumping down this skeezeball's throat...he's talking in circles and getting away with it!

483 days ago
169.

RealityBites    

I love how she gets away with it again....just can't get over California's justice system

483 days ago
170.

Jody    

This is why I hate defense attorneys. They are all snakes. They slither their way around every situation to get to a place where they want to be.

483 days ago
171.

Boozez    

Pusseh Judge!

483 days ago
172.

Reed    

Once again the judges lips are firmly planted on Lohans' ass.

483 days ago
173.

MYOB    

Lock her up already!

483 days ago
174.

Patricia`    

She got off agaib...just do what you want Lindsay..just fly off and go re you want and let the Attorney clean up your mess...she's got to be sleepng with the courts!

483 days ago
175.

Missy    

I know you guys don't like it, but I have to give Heller credit, he did his job. Plus the judge is not PISSED sorry Harvey.

483 days ago
176.

Mayu    

this judge is a Pu$$y. You're telling me if this were a non-celebrity they'd be able to not comply with the agreement and decide to do what they wanted to do and pick and choose their own terms to meet their personal needs? Hell no. For the amount of probation violations she's committed, an average person's a$$ would be in prison 2 years minimum (overcrowding be damned). It's ridiculous. No wonder people think our judicial system is a joke. She needs to go to jail.

483 days ago
177.

WBP    

For god's sake: if this was ANYONE else, their ass would be in jail with an additional sentence for contempt. And her lawyer should STFU. Everyone realizes, of course, that WE'RE paying for this stupid sh*t, which should have been over a long time ago. The really pathetic point is that we -- including dumba** me - are paying any attention to this long running joke. Let's all stop and then she will GO AWAY.

483 days ago
178.

CC    

Heller is a piece of work!

483 days ago
179.

Nxd4b    

wow surprise surprise Lindsay gets off again.....what a joke our justice system is

483 days ago
180.

Cathy    

So. once again, this girl skates. She was the one who HAD to have a treatment facility in New York. The prosecution had to waste it's time looking into the places suggested by her attorney. Time and money completely wasted! Now, she changes her mind at literally the last minute and is allowed to get away with it? What a bunch of Sh*t!!

483 days ago
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