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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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16.

The Gay Nazis For Jesus     

There won't be any jail time.

448 days ago
17.

Marilyn    

Chanel for the red carpet oh I mean court house steps!

448 days ago
18.

Shum    

Nothing will happen

448 days ago
19.

FIRECROTCH RIDES AGAIN    

Does anybody have a fire extinguisher?

448 days ago
20.

Qoodle    

Nothing will happen to her. They let her do whatever she wants. Spoiled beyond belief.

448 days ago
21.

cynical me    

I will be shocked if they do anything to this woman. She's gotten out of so much crap already, this will be just another day to her.

448 days ago
22.

lander    

no judge is going to get pissed at her. they don't have the balls to stand up to her and she knows it. SFDD.

448 days ago
23.

Jen    

Ok, these past judges have been a detriment to the "justice" system. She deserves a much longer sentence than 90 days. And deserves to serve it all, not a few days. Show no sympathy. She doesn't deserve it.

448 days ago
24.

Cherie    

If I ever get in trouble I want Lindsay to be my lawer-----DANG this girl is good at slapping the judicial system in the face and laughing as she walks away

448 days ago
25.

the artist formerly known as hand turkey    

Sure, TMZ, how do you keep publishing this same set up over and and over and over, and not feel embarrassed that it never comes true? If out ever happens, no doubt TMZ will toot its own horn for days like it wasn't wrong the 30 other times.

I doubt the judge invests much, if any emotion in the criminals who appear before him.

448 days ago
26.

FIRECROTCH RIDES AGAIN    

Fantasy scenario: Firecrotch and the Keebler Elf both cuffed and led away

448 days ago
27.

Janet    

The law doesn't work the same way for the rich and famous. See: OJ's verdict. At least Phil Specter got locked up.

But Lindsay knows there's law for the rest of us and then there's Lindsay Law.

It's odd that rehab places, which are supposed to be for people who realize that they've hit rock bottom in their lives, can be imposed on unwilling people who are utterly in denial.

Jail is terrible, but maybe it is a better option for scoff-laws like Lindsay whose crimes don't just relate to drug and alcohol problems.

448 days ago
28.

Azi    

I'm sitting here watch this mundane live feed, where are the streakers ?

448 days ago
29.

bigbowood    

Honest question: could Lindsay face ADDITIONAL jail time for failure to show up to the NYC facility (perhaps contempt of court)?

448 days ago
30.

penny9793    

The judge needs to put the little spoiled Bart in jail just like he would if it was you or me. We have made these people think that they are above the law by not making the be accountable for their behavior.

448 days ago
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