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Here’s how Lindsay Lohan can escape probation violation

by Nicole
March 26, 2011 at 4:38 pm

Lindsay Lohan might have a chance at dodging going to jail for probation violation thanks to a legal technicality.

According to TMZ, Judge Stephanie Sautner will hold a preliminary hearing next month. Then prosecutors will present evidence Lindsay stole a necklace from the jewelry store.

Under California law, prosecutors often have police officers testify about what they know from witnesses, and don’t present witnesses in preliminary hearings.

But if prosecutor Danette Meyers uses police officer testimony, it can’t be used to determine if Lindsay violated her probation, because it’s hearsay. In California, judges aren’t allowed to use hearsay involving key witnesses to violate a person’s probation.

The conclusion is there is a high probability Judge Sautner won’t make any decision on whether Lindsay goes to jail until after the trial.

What do you think? What is your gossip?

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