Lindsay Could Escape Jail – Even If Convicted

Lindsay Lohan has a reasonable chance of avoiding jail and even a conviction in her felony grand theft case, even though she's been accused of stealing several times in the past, legal experts tell PEOPLE.

"This is far from a slam-dunk case," says L.A. criminal defense attorney Steve Sitkoff of the allegation that the actress, 24, stole a $2,500 necklace.

"All her attorney has to do is convince one juror it was an innocent misunderstanding and she could walk, unless they decide to retry her again."

Adds L.A. criminal defense attorney Harland Braun: "Even if she's convicted, I doubt she'll get state prison time because she's not a physical threat to the public. Prison is generally regarded as a place for hardened criminals, not someone who clearly has mental issues. She has a defensible case."

Experts also agree that her past theft allegations could be used against her in court depending on whether the judge finds the accusations relevant.

Here are among the possible resolutions to the actress's case:

• Lohan could reach a plea deal without going to trial, and be sentenced to anywhere from six months to a year in county jail for the alleged theft as well as for violating her probation. "In this case, the court could figure out a way to make sure she does substantial time and forbid her from early release due to overcrowding," Sitkoff says.

• She could also strike a deal in which she only gets felony probation with no jail time and if she stays out of trouble for three years, the judge could reduce the charge to a misdemeanor. Lohan's attorney Shawn Chapman Holley stated on Thursday she was seeking this as a possible outcome.

• The actress wins at trial by convincing jurors she didn't intend to steal. However, Lohan could still face a probation violation and return to jail without a conviction in the theft case.

• Lohan could go to trial and lose, and could be subject to harsher punishment if the judge decides she was being deceitful to the court. "But if she loses at trial, I can't see her getting more than eight months in state prison," Braun says.

Credit: Ken Lee for PEOPLE

Lindsay Considering Jail-Free Plea Bargain

She entered a "not guilty" plea in Los Angeles Superior Court on Wednesday, but Lindsay Lohan would consider taking a deal if no prison time were involved in the bargain, according to her attorney.

"Ms. Lohan maintains her innocence, and now that I've seen the police reports, I believe the case is entirely defensible," Shawn Chapman Holley told CNN. "Having said that, we will entertain a discussion concerning a plea if it means no jail so that she can move forward with her recovery and her career."

The Mean Girls star, 24 stands accused of stealing a $2,500 necklace from a Venice, Calif. jewelry store on January 22. If convicted she faces up to three years in prison.

Lohan, whose probation for a 2007 DUI conviction was revoked, was released yesterday after posting 10 percent of the $40,000 bail ordered by Judge Keith Schwartz. The next hearing on the matter is February 23.

Credit: Us Magazine

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 Investigated For Multiple Violations

Lindsay Lohan may have violated not just one, but several violations of her probation while undergoing treatment at the Betty Ford Center according to the Palm Desert Police Department, which will be turning its findings over to the Riverside County District Attorney and the L.A. County Probation Office. As RadarOnline.com previously reported, if the Mean Girls star, 24, is found to have violated the conditions of her probation, she could be headed back to jail.

Lindsay is under new scrutiny following her altercation with Betty Ford staffer Dawn Holland, who was fired after the incident for selling confidential medical information about Lohan to TMZ.

On Wednesday, Palm Desert Police Department released this new statement to Radar Online:

Over the last few weeks, Investigators for the Palm Desert Police Departments Investigations Bureau have been investigating the battery between Ms. Lohan and a Betty Ford Center staff member, Dawn Holland. This investigation is now complete and it is anticipated that this investigation will be submitted to the appropriate law enforcement agencies (Riverside County District Attorney and LA County Probation Office) later this week or no later than the early part of next week for their review and any appropriate action.

While Ms. Holland and her attorney have notified Investigators she no longer desires prosecution against Ms. Lohan, the investigation and facts in evidence has revealed other possible violations by Ms. Lohan relating to certain conditions of her probation terms. These additional findings has required investigating officers to conduct additional investigation. It is premature to release these facts and investigative findings at this time as the final completed criminal investigation has not yet been received and reviewed by the appropriate concerned law enforcement agencies. Until this has been completed, no additional information will be released to media requests nor will we be releasing any 911 calls, tapes or recordings as to do so may hinder the judicial process.

Lindsay and her lawyer Shawn Chapman Holley will now be coming up with a battle plan has they try to discredit Holland and the Palm Desert Police Department.

Credit: Radar Online

Police: Lindsay Lohan Committed Battery

So much for Lindsay Lohan's clean start in 2011.

Police now assert the actress did, in fact, commit battery against a Betty Ford employee in a Dec. 12 scuffle – and plan to hand the case over to local prosecutors for review.

"The investigation determined Ms. Lohan violated several aspects of her probation, including the battery [charge]," the Palm Desert Police Department said in a press release Monday, adding that they plan to notify Lohan's probation officer.

Lohan's attorney, Shawn Chapman Holley, wasn't immediately available for comment. Lohan, 24, was released from rehab Monday and faces a routine Feb. 25 progress review hearing.

L.A. Superior Court Judge Elden Fox previously warned Lohan that any more slip-ups would be met with six months in jail. As of Tuesday, however, the court still hadn't received formal notice of the incident.

Betty Ford employee Dawn Holland was fired the same day she went public with claims that Lohan threw a phone at her and yanked another phone out of her hand, causing a sprain after a confrontation at the famed Rancho Mirage, Calif., clinic.

Holland stated that Lohan was acting "out of control" and had alcohol on her breath and refused to take a Breathalyzer test when she was caught coming home past curfew.

Police continued their investigation despite Holland's decision to recant her claims, with her attorney stating that Holland, a former addict herself, had no desire to see Lohan prosecuted. 

Credit: People

Nicole Richie DUI Probation Terminated Early

Nicole Richie's probation was terminated this morning -- months before it was scheduled to end ... TMZ has learned.

Nicole was on probation for a DUI in 2006, where she was driving the wrong way on an L.A. freeway.

Nicole's lawyer, the effervescent Shawn Chapman Holley, went to court this AM -- in the rain no less -- and presented the judge with proof Nicole had completed all the terms of probation, including a glowing report from the alcohol ed program in which she's been enrolled for the last 18 months.

Probation was scheduled to end in February, but since all the terms have been satisfied, the judge agreed to terminate it early.

So Mrs. Madden starts the New Year as a married but free woman.

Credit: TMZ

Lindsay Lohan Snuck Out of Rehab for Alcohol

Lindsay Lohan's troubles at the Betty Ford Center are mounting. And she's not the only one there with problems.

An employee of the clinic went public Tuesday with claims the actress was "out of control" and had alcohol on her breath during a tussle between them on Dec. 12.

Dawn Holland, a chemical technician at the desert rehab facility, gave her account in a video interview with TMZ, which included a copy of her report on the incident.

Within minutes of the story posting, Holland was fired.

"Regrettably," the Betty Ford Center said in a statement, "one of our employees violated strict confidentiality guidelines and laws by publically identifying patients in a media interview and by disclosing a privileged document."

According to Holland, Lohan and two other patients had "snuck out" and "went drinking," but were caught by another technician when they were "trying to jump over the back wall" to the clinic house in which they were living.

Holland was then called to administer Breathalyzer tests to the three patients when trouble erupted between her and a foul-mouthed Lohan, she says. "She was very angry and out of control," says Holland.

Police were called, and while Holland was on the phone with authorities, Lohan "grabbed my wrist and snatched it down" to try to wrest away the phone, sending Holland to the emergency room with a sprained right arm and hand, she says. Holland says she's now on worker's compensation leave.

Throughout the night, Lohan refused to submit to a Breathalyzer test and had apparently been drinking. "She had alcohol on her breath," says Holland, who denies being the aggressor. "I did not touch the woman," she says. "I am not willing to risk my job over any patient."

Credit: People

Kim Kardashian Gets Pampered, Talks Stalker

Making time for some pampering, Kim Kardashian was spotted leaving a local nail salon in Los Angeles, California on Monday (August 2).

Dressed in a cute and casual get-up, the “Keeping Up With the Kardashians” gal paid little attention to the media and was careful not to smudge her freshly painted nails as she made her way to her vehicle.

On a serious note, Ms Kardashian is taking extra measures to ensure she and footballer beau, Miles Austin, are safe from a man that has been stalking the reality TV star.

Dennis Shaun Bowman, who already has a restraining order on him from Kim, has been over-stepping his boundaries by sending Twitter messages to Miles and Kim’s sister, Khloe.

The beautiful brunette’s lawyer, Shawn Chapman Holley, told TMZ, “I will be speaking with law enforcement detectives [to] determine whether or not Mr. Bowman’s actions are a violation of the order in place restricting Mr. Bowman’s conduct toward Ms. Kardashian.”

Credit: Celebrity Gossip