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Lindsay Lohan Jail Time: Actress Doomed for Jail, Again?

By Stephanie Rabiner, Esq. on February 25, 2011 8:45 AM

Lindsay Lohan, jail resident? That would be a yes if Los Angeles Superior Court Judge Keith Schwartz has anything to say about it.

Lohan was back in court this week to discuss the future trajectory of her necklace-related felony grand theft charge. Clad in a white pants and a dangerously low-cut top (Lindsay Lohan court attire is a favorite topic here on Celebrity Justice), Lohan was informed that jail time is most likely part of her future.

Apparently, the D.A. offered Lohan a plea bargain--she can plead guilty or no contest to the charges and spend only six months in jail. Taking the bench, the judge explained to Lindsay Lohan court procedures regarding the potential plea.

After telling her that she's merely another Jane Doe, he explained that if she agrees to any plea bargain, she'll be going to jail no matter what. And, if she refuses, TMZ reports that a preliminary hearing, in conjunction with a probation hearing, will be set in another court.

How does this virtually guarantee jail time?

Judges have discretion when accepting plea bargains. If a plea bargain is unreasonable or does not provide adequate punishment, a judge can reject it. At this juncture, it's clear that Judge Schwartz will reject any plea bargain that does not include jail time. So, if Lindsay wants to cop a plea, she's going to spend some time behind bars.

As for the future hearing, judges also have some leeway when dealing with probation violations. There are currently reports that the D.A. has surveillance video of Lohan at the jewelry store. It allegedly shows her with an accomplice--a friend who appears to be distracting the shopkeeper. If the judge feels that the evidence indicates that Lohan stole the necklace, he can throw her in jail while she awaits trial.

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