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Lindsay Lohan Will Not Face Felony Charges

by Winnie McCarthy

linsday-lohan.jpg

Despite previous reports that Lindsay Lohan was in possession of cocaine during both of her incidents of driving under the influence of alcohol, the District Attorney in Los Angeles declined to charge her with any felony charges.

According to TMZ, the amount of cocaine found in Lohan’s possession was less than the amount required for felony filing in California, which is apparently .05 grams. There was also an issue proving possession of the cocaine during her first arrest, where the cocaine was found in her car. After she allegedly abandoned after crashing it, someone else reportedly moved her car. I am sure the District Attorney realized that it would be difficult to prove that it was her cocaine since she was not in sole possession and control of the vehicle prior to its being searched.

For the second arrest, where the cocaine was found in her pants at the jail following her second alleged DUI, there was a problem with the “manner in which the cocaine was seized.” This cryptic statement could refer to a breakdown in the chain of custody, an illegal search, or a problem with testing of the suspected narcotics. Whatever the reason, as a result, Lohan was instead charged with only misdemeanors in connection with her arrests.

Lohan, who has been staying at the Cirque Lodge rehab center in Utah, did not attend the court proceedings this morning. Because she was not charged with any felonies, the court could waive her appearance. A plea bargain may be reached in the case very shortly.

It is possible, like many will speculate, that Lohan was given preferential treatment by the DA’s office due to her celebrity, but they may also have decided to give her a break because it appears that she is trying to get well by attending rehab. It remains to be seen whether the DA’s generosity will back-fire or if Lohan will be back on the path of the right side of the law.

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