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How Much Jail Time Will Lindsay Lohan Actually Serve? Experts Weigh In

Thu, February 10, 2011 8:13pm EDT by 6 Comments

Is Lindsay being treated differently because she’s a celebrity?

Lindsay Lohan plead not guilty yesterday to charges brought against her for felony grand theft and a subsequent violation of probation. Her lawyer, Shawn Chapman Holley, has released a statement saying Lindsay is willing to make a plea bargain if it means she will serve no jail time at all. But is this even likely?

“The chances of no jail are slim to none…..more like none,” says Robin Sax, an LA-based attorney.

Connecticut-based attorney Susan Filan agrees that Lindsay will probably have to serve time in jail. “I think she will get 180 days for the violation of her probation from her previous DUI arrest. I think they will plea down the felony grand theft to a misdemeanor, and then give her probation on that so they can continue to monitor her.”

But will that potential time be served in a state prison or a county jail? Sax says if Lindsay pleas her felony (from stealing a $2,500 necklace) down to a misdemeanor, “it is extremely unlikely” she would go to a prison instead of a jail.

Now, whether Lindsay gets sentenced to 180 days or 90 days, the question on everyone’s mind is — but how much of that will she actually spend IN JAIL?

The answer is a bit complicated. It could be a few months, or as little as a few days. “It is completely and totally up to the jailer how much time Lindsay will spend there. The court has no say in how much time someone can be kept in. The truth is, jails are really overcrowded. If you aren’t about to kill someone, you can get out quickly. A lot of non-violent offenders –little guys on the food chain of crime — don’t do whole sentences,” explains Filan.

So does this mean she’s not getting treated differently because she’s famous? “She’s being treated exactly the same,” says Sax, who point out, “To be honest, she’s acting exactly the same as any drug addict/thief. Their rap sheets look exactly like hers. She keeps making mistakes like they do and is constantly on probation.”

Filan agrees that Lindsay is being treated fairly, and in fact Judge Keith Schwartz made a point of calling Lindsay out on being “no different than anyone else” yesterday at her hearing.

One lawyer we spoke to, who wishes to remain anonymous, says that there is still a chance Lindsay’s fame may be a factor in getting her out of jail quicker than a normal convict. “The jail won’t admit it, but it is a huge security nightmare when you add fame into the picture. A celebrity is difficult to house, there are many security difficulties that may make keeping Lindsay in jail more trouble than it’s worth. This shouldn’t be the case, they should just be capable of managing, but sometimes they can’t.”

Lorena O’Neil

Follow Lorena on Twitter: @lorenaoneil

Click here to read how Lindsay is driving her lawyer crazy!

Click here to read how Lindsay should have dressed for court

Click here to read about Lindsay’s last hearing