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Lindsay Lohan gets 120 days' jail on probation violation, faces misdemeanor instead of felony theft charge

April 22, 2011 |  4:58 pm

Lindsay Lohan arrives at the Airport Courthouse. Lindsay Lohan won some and lost some Friday in court as the judge reduced a felony grand theft charge against her to a misdemeanor, then decided that the actress had nonetheless violated her probation, drawing a sentence of 120 days in jail plus 480 hours of community service.

Lohan will appeal the sentence handed down by Los Angeles County Superior Court Judge Stephanie Sautner, L.A. Now reports. The actress had been on probation related to a pair of DUI arrests in 2007.

On the good-news side for Lohan: She was expected to be released on $75,000 bail on the probation violation, L.A. Now said, and risks significantly less time behind bars if convicted of a misdemeanor rather than a felony regarding a necklace that went missing Jan. 22 from a Venice boutique. Lohan has maintained her innocence and previously refused a plea bargain that would have involved jail time.

According to L.A. Now, reporting from the Airport Courthouse on Friday, Kamofie and Co. store owner Sofia Kaman testified she didn't see the actress walk out of the store wearing the necklace but would have stopped her if she'd noticed. She said Lohan wore the necklace in the store for half an hour, checking it out in the mirror. Kaman also characterized the actress' male companion as a decoy who distracted her with conversation while Lohan put her own necklace back on over the item in question before walking out, according to TMZ.

Attorney Shawn Chapman Holley had asked the court to reduce the value of the necklace (priced $2,500 at retail) to $950, which would the matter out of the realm of grand theft. Kaman confirmed the shop had purchased the item for $850 from the designer.

Lindsay Lohan and Shawn Chapman Holley arrive at Airport Courthouse Kamofie employee Tinelli Comsooksri testified that four days before the necklace went missing, Lohan had tried on diamond earrings, taking off one of them and then almost leaving with the other still in her ear. As the actress went to leave the store, "I reminded her she had one earring in,"  Comsooksri said. "She was sorry." Prosecutor Danette Meyers brought up the earlier incident to show evidence of intent.

Questions were also asked about why Lohan's people brought the necklace to police instead of returning it to the store.

LAPD Officer Peggy Thusing testified that Lohan assistant Eleonore Lieven called police after the actress heard she was suspected of stealing the necklace and that a search warrant had been prepared. Thusing said she told Lieven to bring the item directly to her. (Eleonore is the assistant who tried unsuccessfully last summer to quit working for LiLo.)

The judge noted that the future "Gotti" actress was convicted of DUI four years ago and that Lohan's record combined with the evidence in the alleged theft didn't warrant a felony charge. Meyers said she would appeal the misdemeanor decision.

One last thing in the win column: It's unlikely that anyone is going to criticize the future "Gotti" actress of dressing inappropriately sexy for court. Girlfriend was covered up from chin to toes, rocking denim pants, a long-sleeved black top and a neutral, on-trend scarf.

ALSO:

Lindsay Lohan pulled back into the 'Gotti' movie game

Paz de la Huerta of 'Boardwalk Empire' is charged with assault

Michael Lohan arrested, could face felony domestic violence charges

— Christie D'Zurilla

Photos: Lindsay Lohan arrives at the Airport Courthouse, top left, accompanied by attorney Shawn Chapman Holley, right, for an April 22 preliminary hearing. Credits: Robyn Beck / AFP / Getty Images, left; Chris Pizzello / Associated Press, right.


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