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Justin Bieber

Cops Recommend

PROSECUTION To D.A.

5/8/2013 6:30 AM PDT BY TMZ STAFF
EXCLUSIVE

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Justin Bieber's fate -- and freedom -- are now in the hands of the L.A. County District Attorney, who is now deciding whether to prosecute the singer for allegedly spitting in his neighbor's face and threatening to kill him -- and we know the Sheriff has told prosecutors -- haul him before a judge!

TMZ broke the story ... Justin was racing his Ferrari in his Calabasas gated community last March, and the breakneck speed didn't sit well with a neighbor who confronted him.  Justin allegedly ordered the neighbor off his property and then spit in his face and said, "I'm going to f**king kill you!"

The L.A. County Sheriff's Dept. investigated the case and sent the file to the D.A. Tuesday.  Law enforcement sources tell TMZ ... Sheriff's investigators are urging prosecutors to charge the singer with battery.  We're told cops don't think Bieber should go to jail, but he needs serious counseling because of his repeated and escalating bad behavior.

Law enforcement sources tell us ... Sheriff's investigators are worried that Bieber is either going to "get his ass kicked" or "someone's gonna get a $2 million payday" unless the singer changes his tune.

Our sources say the Sheriff's Dept. is not singling out Bieber because he's a celeb -- they'd make the same recommendation for anyone who's a first time offender with a bad temper.

The D.A. is reviewing the case.  A decision is expected soon.

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