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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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181.

James R. - Los Angeles    

"Judge will be pissed off", then "If the judge gets really upset.....". What TMZ azzhole writes this sh*t?

436 days ago
182.

JJ    

Once again she gets away with thumbing her nose at the legal system. The judge isn't pissed at all. She is setting a precedent that the defendent can change the terms of a sentence. If I were a CA resident I'd be p'd that she keeps wasting my tax money on needless court hearings. An this attorney is like a character from My Cousin Vinny. All cuz she can't stop smoking!
I wish a judge from the Boston area were her judge.

436 days ago
183.

Ellie G    

What a joke.

436 days ago
184.

Shum    

This judge is awsome!!

436 days ago
185.

david    

bullchit....send her to jail

436 days ago
186.

Its Nikki Bitches    

Wa-hooooooooooooooooooooooooooo!!!!

NO LYING LINDSAY FOR 90 DAYS


WHAT A GREAT SUMMER

436 days ago
187.

DeeMaree    

Calif's INjustice system. What a joke.

436 days ago
188.

Linda3223    

Send her to jail she thinks she can do whatever she wants

436 days ago
189.

Sunny    

AGAIN, Lindsay appears to be getting her way! If you look up this Morningside Recovery on the web, you will see that the City of Newport Beach is still in process of trying to get the facility's license revoked! And Heller's excuse for not emailing the information to prosecutors is BS...afraid that it would be leaked? As the prosecutor was pointing out, he was getting calls YESTERDAY saying that Lindsay was going to Morningside! I can believe, however, that the original program came back and said, "Heck no...we don't want her here...we don't want to deal with the paps, etc." THAT is the only believeable thing Heller said today!

436 days ago
190.

nv89436    

the judge tolerates that guys interruptions better than I would.

436 days ago
191.

Pers    

Judge Jabney is a mega wimp. California's legal system's motto is YOLO. What a joke.

436 days ago
192.

Evelyn    

My JAW is literaly on the floor....how is it that she gets away with everything she does?...if it was anyone one of us we would be in jail already

436 days ago
193.

Lindsay Lohan Fan Forever    

Woo hoo Lindsay wins.
Freckled freedom is July 31st.

436 days ago
194.

CoolPhosphorescentShimmer    

Do you think the other judges will laugh at and mock this judge? I sure hope they do.

436 days ago
195.

Azi    

The justice system is a joke. This is a good example of why we are becoming a lawless society. Why not keep her behind bars until the prosecution can perform an in-depth review of the facility, then thay can all decide.

436 days ago
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