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Celebrity News
Lindsay Lohan’s Legal Woes
Tuesday July 24, 2007

Lindsay Lohan
Lindsay Lohan at the New York premiere of "Georgia Rule" on May 8, 2007.
John Spellman / Retna Ltd.

Will Lindsay Lohan go to jail?

In the wake of her second DUI in two months, Lohan, 21, will certainly be facing new felony drug possession charges, charges for driving with a suspended license and DUI misdemeanor charges that, if a judge wanted to, could land her in jail for over a year.

L.A. District Attorney spokesperson Jane Robison tells Usmagazine.com that the D.A. still hasn’t made any decisions on whether or not to prosecute Lohan for her first DUI case, stemming from her May 26 car accident. "We have no comment on this right now,” Robison says. "We have no information because we have no second case yet."

But Usmagazine.com has learned that Lohan will be arraigned for both DUI offenses on August 24.

"Her arraignment is set for Aug 24 and we have up until that date,” Robison said.

Alec Rose, a Criminal Defense attorney in Santa Monica for 14 years and A DUI expert, tells Us, "The minimum penalty for a second offense DUI is 10 days sentence and minimum of 48 hours in jail. The maximum penalty is a year in jail followed by a year of license suspension. Upon release for a second offense DUI conviction, a person must participate in an 18-month DUI class and also will have their car fitted with an ignition interlock device ( a built in breathalyzer needed to start car.) "

Lohan's cocaine charges bring a whole other set of problems, according to Rose. "Possession of any usuable amount of cocaine in California is a felony and can be punished by a minimum of two years to a maximum of five years in jail, " he explains. "But if Lohan can demonstrate the cocaine was for her own personal use, she would be entitled to Prop 36. Prop 36 is a drug diversion program that is available twice to all defendants. Prop 36 would mean no jail time and require that she participate in a year long drug diversion treatment program. At the successful completion of the program, the drug charges are removed from your record. Lindsay would have to agree to this program before trial."

The possibility that Lohan may face two DUI charges could result in some pretty intense restrictions. Rose adds, “If you get a DUI when you are facing another DUI, the judge sometimes imposes you to some pretty harsh conditions. The court is going to view you as a very serious danger to the public. They could order that you be confined to your house because you are a danger. They could order you to do rehab, but they probably won’t in this case because she has already done that and it wasn’t successful. They could order that she have no alcohol in her house and that she attend alcohol meetings daily.”

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