How Lindsay Could Go To Jail Without a Trial

Lindsay Lohan could go to jail for more than a year for allegedly stealing that necklace ... and it could happen without a jury, without a trial .... without grand theft charges even being pursued.

After doing some investigating, we discovered the D.A. could drop the felony grand theft case completely. But that wouldn't end Lindsay's legal woes -- not by a long shot.

Prosecutor Danette Meyers could go back to court and ask the judge to violate Lindsay's DUI probation ... on grounds she stole the necklace.

The judge in the probation case could then hold a hearing -- without a jury -- to determine if Lindsay did indeed pilfer the jewelry.

Now here's the big problem for Lindsay. In a criminal case, the D.A. must prove guilt beyond a reasonable doubt -- in other words, convincing a jury that there's a 98 to 99% chance that she did the deed.

But in a probation violation case, all the judge has to decide is that it's more likely than not that she stole the jewelry -- in other words, that there's a 50.1% chance she did it.

Sources connected with the D.A.'s office tell us ... prosecutors believe they could ask for more than 1 year in jail if the judge decides Lindsay violated her probation.

And one final piece of bad news. It's very possible if the D.A. dismissed the grand theft case, the probation violation matter would go back to Judge Elden Fox in Beverly Hills, who has totally lost patience with Lindsay.

Credit: TMZ

Lindsay To Be Charged with Felony Grand Theft

Lindsay Lohan will be charged today with one felony count of grand theft for allegedly stealing a $2,500 necklace from a Venice, Calif., jewelry store on Jan. 22, the Los Angeles District Attorney has announced.

She is required to show up in person for an arraignment at an L.A. courthouse Wednesday afternoon. If convicted, Lohan, 24, potentially faces several years in state prison.

The actress's attorney Shawn Chapman Holley has denied Lohan committed any crime and plans to defend her in court.

A source close to the actress insisted the necklace was borrowed, not stolen. The source recently told PEOPLE, "Lindsay's used to getting gifted items that are worth way more than that. And why would she steal a necklace? She has tons of jewelry and doesn't need any more."

"The prosecutors have an uphill battle ahead because they must prove criminal intent, that Lindsay knew she wasn't authorized to remove the necklace from the store," says L.A. criminal defense attorney Stanley L. Friedman, who's not involved with the case. "Her attorney will almost certainly argue this was all just a misunderstanding."

"If she's convicted, the fact that Lindsay's on probation makes it more likely that she's headed for state prison versus jail," Friedman adds. "And in prison, they never release inmates early for overcrowding, only for good behavior."

LAPD detectives obtained a search warrant last week to search Lohan's Venice home, but before they descended on the actress, the necklace was returned to the police station, according to an LAPD statement.

Lohan is also currently under investigation by Riverside County prosecutors for allegedly battering a Betty Ford employee.

In her DUI case alone, L.A. Superior Court Judge Elden Fox previously warned Lohan on Oct. 22 that any more slip-ups would be met with six months in jail.

Credit: Ken Lee for PEOPLE

Lindsay Lohan Passes Drug & Alcohol Tests

Lindsay Lohan has passed up to 10 random drug and alcohol tests in the two weeks after she left the Betty Ford Center, Radar Online has exclusively learned.

The 24-year-old Mean Girls star has had to submit to a series of spontaneous tests and has passed each one that she was forced to take so far, according to her father Michael.

"Lindsay is doing four or five tests a week and she has passed all of them with flying colors," Michael told Radar Online, in an exclusive interview.

Lohan has been living a low key lifestyle since she was freed from the court ordered program and even spent Sunday night at home watching the Golden Globes on television.

"She's doing really great right now," Michael said.

"She is serious about staying healthy and is avoiding all the old things she used to do."

Lindsay's next court date is February 25, 2011, where she'll face Los Angeles Superior Court Judge Elden Fox.

As Radar Online previously reported, her Palm Desert police report relating to an alleged assault of an ex-Betty Ford employee, was personally delivered to the judge and placed under seal.

"Judge Fox read the report and put it back in Lohan's file," one source close to the situation told Radar Online.

"Right now, based on what he has read, he won't be taking any action against Lindsay."

Credit: Radar Online

Is Lindsay Lohan Headed Back to Jail?

The revolving jail door may be spinning once again for Lindsay Lohan, who's under police investigation for battery against a rehab worker.

L.A. Superior Court Judge Elden Fox may be faced with having to make good on his threat of more incarceration for Lohan if she violated probation in a DUI case.

"If the latest allegations are true, it just spells disaster for Lindsay," says L.A. criminal defense attorney Richard Hirsch, who's not involved with the case. "After all the chances she's had, the judge may have no other option left."

Two months ago, Fox spared Lohan from jail after she failed a drug test, convinced that the actress – an admitted addict – needed more treatment and ordered her to remain at the Betty Ford Center until at least Jan. 3.

"I agree that relapse is a part of recovery, but I'm not going to be manipulated," Fox said, threatening her with six months behind bars if she slipped up again.

The actress, 24, has so far served three stints at a Lynwood, Calif., jail.

"Judge Fox isn't one to make idle threats," says another L.A. criminal defense attorney, Steve Sitkoff. "Especially if he decides that Lindsay was the instigator in the scuffle with the Betty Ford employee, that'll make him more likely to punish her with jail instead of treatment."

As of Wednesday, both the L.A. District Attorney and Fox had not been officially notified of Lohan's alleged infractions.

Credit: People

Probation Dept: Key Player in Lindsay's Freedom

Good news for Lindsay Lohan ... TMZ has learned the L.A. County Probation Department won't go after her for the alleged battery at the Betty Ford Center ... unless she's convicted.

Sources connected to the case tell us the Probation Department will not recommend to Judge Elden Fox that he violate her probation for the alleged assault when Lindsay appears on January 3. We're told the Department will only recommend action if Lindsay is convicted of criminal battery.

But it gets more complicated on the subject of alcohol. Under the terms of Lindsay's probation, she's required to comply with drug testing, including tests administered at Betty Ford. By refusing to submit to a breathalyzer test a week ago Sunday morning, Lindsay arguably violated this term of her probation.

We're told the Probation Department has not made a recommendation to the judge on violating her probation based on the breathalyzer test -- at least not so far.

Ultimately, it's up to Judge Fox. Worst case scenario for Lindsay ... back in the pokey for 6 months.

Credit: TMZ

Lindsay Lohan Hits 100 Days Sober Mark

Lindsay Lohan has hit a huge milestone on her road to recovery -- she's celebrating her 100th day sober, Radar Online has exclusively learned.

The 24-year-old Mean Girls star has gone 100 days since her last positive drug and alcohol test and is successfully staying away from the substances that have landed her in rehab.

Since entering the Betty Ford Center in Rancho Mirage, California, Lindsay has been earning privileges to leave on day trips, work, and even drive again. All of which are part of the recovery Los Angeles Superior Court Judge Elden Fox hoped to achieve when he sentenced the actress to the treatment center until January 3, 2011.

As Radar Online previously reported, Lindsay is taking her sobriety seriously, according to her mom Dina, and is looking forward to working again in the New Year.

Her father Michael wished his daughter well and exclusively told Radar Online: “I hope she has a decade more.”

Credit: Radar Online

Lindsay Lohan Stuck In L.A. For Christmas

Lindsay Lohan will be spending the upcoming Christmas holiday in Southern California, Radar Online has learned exclusively, though it's still unclear who she'll be surrounded by.

Her mother Dina “wants Lindsay to go home to Long Island for Christmas, [but] that won't be happening," a source with knowledge of the situation told us. "Judge Elden Fox was very clear with his order that he wanted her to stay in rehab until after New Year's.”

Our source said the 24-year-old Mean Girls star has excelled in her sober living facility, even earning passes to leave the sober house for shopping excursions and visits to her Los Angeles home.

Still, "Lindsay won't be allowed to leave the state of California for Christmas, period," according to our source. "It was never a consideration for Thanksgiving and it won't be for Christmas. Dina wants her home, but Michael is supporting whatever Lindsay's treatment team is recommending."

The holidays can be a cause for concern, according to our source, with "all of the angst, forced familial time and dealing with recovery. Mix in parents that don't get along and Lindsay is going to be tested -- and that isn't a bad thing.”

Lindsay could earn a pass to spend Christmas Eve or Christmas Day out of the sober living facility if she gets the OK from her treatment team, according to our source.

The actress has impressed her doctors and others by focusing her efforts toward helping the less fortunate, our source said, as she "recognizes how blessed she is to be given this amazing opportunity to get and stay sober."

Credit: Radar Online

Lindsay Lohan Goes Back to Rehab, Not Jail

She got a stern warning from the judge, but no more jail time.

After failing a drug test, Lindsay Lohan was sent back to rehab until at least Jan. 3 after she made a written plea to a judge for more treatment.

The actress, wearing a black blazer and skinny blue jeans, appeared before L.A. Superior Court Judge Elden Fox on Friday to deal with her relapse.

The judge ordered her to continue treatment at the Betty Ford Center.

Credit: People

Lindsay Lohan's Last Moments Before Rehab

Lindsay Lohan spent her last night of freedom before rehab reading a self-help book — and only Radar Online has the photo of the troubled starlet from inside her West Hollywood apartment.

Wearing a loose fitting black sleeveless dress with matching sunglasses, LiLo was snapped on her balcony at dusk reading The Power of Rest, written by Dr. Matthew Edlund.

It’s the latest statement from Lohan who is attempting to undergo an image makeover, before a critical October 22 court hearing that could end with her sent back to jail for 30 days for flunking a drug test.

The 24-year-old was booked into jail Friday, however, her lawyer filed an appeal, arguing Judge Elden Fox legally couldn't deny bail on a misdemeanor case.

Lohan was sprung on $300,000 bail and Radar Online has confirmed she checked into rehab for a fifth stint in the meantime.

According to our source, Lohan is “tired of being the party girl” and turned to the self-help book for guidance to deal with a “terrible” and disrupted sleeping pattern.

“Lindsay hopes to use this book to help restructure her sleeping patterns so she can function better,” said the insider.

“She has been shooting films into the wee hours of the morning since she was 11 or 12 years old and then sleeping in trailers while on the set.

“She never established a normal sleeping pattern.

“She was recommended the book by both a doctor and a friend and hopes it will guide her in the right direction.”

Credit: Radar Online