Lindsay Lohan Faces 8 Months In Jail For Violating Her Probation

But it's HIGHLY UNLIKELY She'll Do Any Real Jail Time

Late last month we learned that Lindsay Lohan was being charged with lying to police about a car accident she was involved in last June. Yesterday we learned that Lindsay has decided to skip out on appearing in court so that she can follow The Wanted on tour. Today is the day that Lohan‘s lawyer, Shawn Holley, will go to court to answer the charges being leveled against her. The bad news is that Lindsay‘s crimes could land her in jail for about 8 months — the even worse news is that the LA prosecutor really wants the judge to throw the book at her and punish her once and for all. BUT, as luck would have it, Lindsay may dodge the jail bullet AGAIN because the ruling judge isn’t a throw the book kind of judge. OY! Here we go again …

Lindsay Lohan is [close to] having her probation revoked … and the end game could be 245 days in the slammer … TMZ has learned. Law enforcement sources connected with her most recent case tell TMZ … when Lindsay is arraigned Wednesday for allegedly lying to cops and reckless driving in connection with her car accident last June … the judge will revoke her probation in the jewelry heist case and set a date for a hearing to formally decide if Lindsay violated the terms of her probation by breaking the law again. We’re told the hearing will be conducted at the same time Lindsay stands trial on the criminal charges. And get this — even if Lindsay is found not guilty in the criminal case, the judge can still rule she violated her probation because the standard of proving a probation violation is significantly lower than proving guilt beyond a reasonable doubt. The stakes for Lindsay are high — up to 8 months in jail, and that doesn’t include jail time if she’s convicted in the car accident case.

If the prosecutor’s office has it’s way, Lindsay would be punished to the fullest extent of the law:

The L.A. City Attorney isn’t wasting any time … TMZ has learned, prosecutors have already filed papers asking the court to revoke Lindsay Lohan’s probation. TMZ broke the story … the L.A. City Attorney had been planning to file docs asking the judge to revoke her probation in her jewelry heist case … but now, it’s official. As sources told us, prosecutors are “out for blood” … But the City Attorney’s move is just a formality — the judge doesn’t need prosecutors’ input … she’ll be revoking Lindsay’s probation on her authority alone. Lindsay is set to be arraigned [today] on 3 misdemeanor counts — lying to cops, obstruction, and reckless driving.

So, it sounds like Lindsay‘s going to get thrown in jail for a long time … right? Well, notsofast … it turns out A.) the ruling judge isn’t big on throwing criminals in jail and B.) even if Lindsay does get sentenced to jail time, it’s likely she won’t serve for long due to jail overcrowding:

Lindsay Lohan may have done it again … dodged a jail bullet by the luck of the judicial draw … We know the judge who will arraign her — Commissioner Jane Godfrey — will formally revoke her probation during the hearing. As you know, she’s on probation for the jewelry heist case. The Commissioner will order a formal hearing, and if the evidence shows it’s more likely than not that LiLo committed a crime, the Commish could send her to jail for as long as 245 days. Now the good news for Lindsay. One source very familiar with the Commish tells TMZ … “Godfrey is not a big jail person.” Get this … Commissioner Godfrey presides over Drug Court, in which she hears case after case involving people with serious drug cases. Godfrey strongly favors counseling over jail, to the point she has a graduation ceremony for people who complete the program and digs into her own pocket to buy little gifts for the graduates … like Starbucks cards. And the Commish presides over Homeless Court … where she deals with homeless people who have committed crimes and gets them help to rehabilitate them, instead of throwing them in jail.

LOL … and there you have it. We won’t know for sure what Lindsay‘s fate will be but there is a range of possibilities. On one end of the spectrum, she could be severely punished with jail time. On the other hand, she might get a Starbucks gift card from her judge. If you consider how many times Lindsay has avoided paying for her crimes, a betting man might guess that she’ll get off again … and she very likely will get off this time. But, her luck will run out … one way or the other, her luck will run out. Without punishment, Lindsay will continue to break the law and eventually, her crimes will catch to her — one way or the other. We shall see what will come from this latest court date. Any guesses?

UPDATE: Lindsay Lohan‘s probation has been officially revoked … so the next step is a hearing in January to set a later court date to decide her punishment. The wheels of justice are turning, but will Lindsay finally pay the piper? Stay tuned.

[Photo credit: Wireimage; Source, Source, Source]

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  1. “… but will Lindsay finally pay the piper?”

    *snort* Ya okay.

  2. Tina

    I want to know how she is paying Shawn Holley, the lawyer. Her bank accounts are frozen. It seems weird this lawyer would continue to rep her.

    • @Tina — The fact that we know Shawn Holley’s name and she has a reputation for keeping Lindsay Lohan OUT of jail is more than enough payment, IMHO

    • MARIO

      Usually when you hire an attorney for a case, per crime…they still stick with you through the whole case/situation until it’s closed, usually. So ex/ u get a dui and it’s 5yr probation…that attorney sticks with u through the 5yrs, and helps with per violation, etc. So, she’s either paid her already from the beginning or continues to make her payments per payment arrangement.

  3. Lindsay needs help badly. Her family doesn’t do anything, the people around her are bad influences, and she can’t stop flirting with trouble. The poor soul needs support, help, and person who looks out for her. Even one of the guys from The Wanted stated that they are bad influence on Lindsay. I think rehab in isolated place or even jail time can help her.

  4. Megan

    She would get the judge that buys people Starbucks cards instead of putting them in jail lol. But I do think it’s cute that this judge seems to really try to do whats best. Maybe she’ll realize in this situation that what’s best for Lindsay is a reality check in jail

  5. Magan

    I seriously doubt that Lindsay will get any jail time. I would be quite surprised if she does. The judge should have just issued a warrent for her arrest and sent her to a real jail, not Lynnwood. How is Lindsay is going to learn anything at all if people are to busy codeling her?

  6. JennT

    A Judge that actually treats people as human beings and not just criminals is a good thing IMO! You never know, this judge sounds compassionate but those particular instances are people down on their luck etc….the Judge might not see Lindsay in the same Vein.

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