Judge to Lindsay Lohan: 'You will be going to jail' if case is settled

Judge Keith Schwartz said Wednesday at Airport Courthouse that he will send actress Lindsay Lohan to jail if she accepts a deal offered by prosecutors.

Although terms of that deal were not immediately made public, Schwartz said Lohan would have to plead guilty or no contest to charges. Prosecutors have alleged that she stole a necklace from a Venice jewelry store.

"This case does involve jail time -- period," Schwartz said. "If you plead in front of me -- if this case resolves in front of me -- you are going to jail. Period. It may be an issue as to amount of time."

Schwartz said that if Lohan rejects the offer the case will be set for a preliminary hearing in front of another judge. She must decide by her next court date on March 10.

Schwartz said he plans to treat Lohan like any other "John Doe" or "Jane Doe." He did say that he suspects Lohan and her attorney, Shawn Holley, will reject the prosecution's offer.

The last time Lohan appeared before Schwartz, he had warned her not to push her luck.

"You're no different than anyone else," Schwartz said at the time. "If you violate the law, I will remand you and set no bail, and your attorney won't be successful this time."

Lohan has been charged with stealing a $2,500 necklace from a Venice jewelry store. The felony grand theft charges are by far the most serious she's faced, and if convicted, could bring her significant jail time. Lohan has pleaded not guilty.

Law enforcement sources told The Times that the case against Lohan includes store surveillance video showing the actress wearing the necklace. Paparazzi photos taken days later also show the actress wearing the necklace. The case file also includes statements from people who were inside the store at the same time as Lohan, said the sources, who spoke on the condition that they not be named because the case was ongoing.

Lohan has been in and out of court and rehab over the last two years. She spent three months at the rehab center in Rancho Mirage under orders from Los Angeles County Superior Court Judge Elden S. Fox, who spared the actress jail time in October after Lohan had tested positive for drugs while on probation in a DUI case. If she is convicted in the necklace theft, she would serve jail time for that crime and also be eligible for additional detention for violating her probation.

Riverside County prosecutors said they are still considering whether to file charges against her for allegedly shoving an employee at the Betty Ford clinic last year. The employee reported that Lohan had assaulted her but has since said she does not want to press charges.

RELATED:

Lohan arrives at courthouse for hearing on stolen necklace case

Lindsay Lohan cited for speeding Monday in West Hollywood

Mom tells Lindsay Lohan to ditch tight white dress for black pantsuit in court

Photos: The trials and tribulations of Lindsay Lohan

-- Richard Winton

Comments

[Gaucho420]

YAWN.

[evad the slayer]

Why would she, filthy rich as she is, be so stupid as to steal a $2,500 necklace? If guilty, I can only assume she has some very real issues in her life. She certainly needs a mentor outside her familiar circle. Real jail time, in a common jail area, not the celebrity area, would probably do her a world of good. And why does this young woman look like she is in her late 30's??? Too much booze, drugs and partying. Wake up little girl before you totally self-destruct.

[Kip]

So the Justice Department makes a monumental decision to stop defending DOMA in court, and all you can come up with on your front page is Lindsey Lohan?

[Susan]

This young woman is out of control. Jail seems a poor alternative, but we've tried everything else. Let's lock her up before someone else gets hurt.

[gman]

Don't be fooled by this judge!

If any "john Doe" from Wall Street appeared before him the "rules" would NOT apply. The judicial system is a charade that protects the very wealthy and politically powerful. You and me get justice, the powerful get on with their lives!

Sal si puede!

[Valerie Dillman]

why is this story on the front page?

[Rocco]

Don't take the deal, Lindsay. Fight it. You'll win.

[Jim Craft]

Can you spell "Spoiled brat"? Ms. Lohan apparently thinks she's above the law because of her celebrity.

[Tom M.]

Honestly, why would anyone care about this nonsense???????

[Angela Birch]

The judge said the right things, now what will the preliminary hearing judge do?

A thief is a thief, even if she is famous. I suspect this particular thief has been carefully taught that she is special and doesn't have to live by the same rules everyone else does.

It would do her good to learn otherwise. The path she is on will lead to her destruction. In addition the drugs she has been using do her no favors. She is starting to look a lot older than her years.

[yehudi]

If sentenced to jail, "She'll have significant time" !! And how much is that a few hours, days, weeks, months, years ??

[yehudi]

If sentenced to jail, "She'll have significant time" !! And how much is that a few hours, days, weeks, months, years ??

[jaytee]

In this photograph I see no less than FOUR sheriff deputies. REALLY?!

[Andres Romero]

Don't worry babe, I will visit you in jail.... You give me lessons in drama, I will teach you how to put up with this crazy system...

[Big JIm Slade]

Way to go Judge!

[imnotrich]

Guilty until proven innocent?

Not that she hasn't been guilty of other stuff and should have been punished with the same level of severity as non-celebs, however...this particular case seems a little...thin.

[nat turner]

Schwartz might be a decent judge.

[Patricia]

What I want to know is -- how much is this sideshow costing me as a taxpayer?

There seems to be doubt whether the necklace passes the bar for grand vs. petty theft.

It also seems to be customary for celebrities to get to borrow clothing and jewelry in order to advertise for the designers.

This wasn't exactly an armed robbery, after all. They let her put the necklace on and then walk out of the store wearing it. They knew she had it for weeks before they bothered to call it theft.

One can see why she might have honestly believed it was being lent to her, as so many other pieces of jewelry and clothing are lent to celebrities every single day all over LA and New York.

Am I as a taxpayer really getting some kind of ROI on this expenditure?

Or am I being asked to finance some vengeful campaign of mass hate?

[maria]

I can't imagine being her mother, obviously she is seeking attention, but in the wrong way, poor girl. I hope she gets her life back in order. She has so much going for her, why she keeps hurting herself is beyond comprehension. Lindsey should learn how to deal with her pain in a productive and healthy way. I truly wish her the best outcome!

[v.ashley]

I wonder, since she is rich cant she just pay for her own prison time instead of us who dont have nearly as much as she has. =) that would be a great idea. And that is true why woud he steal it when she's a millionaire. Oh Wow!

[Steve]

Clearly, Ms. Lohan and her attorney thought a plea agreement would mean a suspended sentence, and no jail time. Clearly, they thought wrong. You go, Judge Schwatz.

[john]

She ain't going anywhere. More talk rather than action! Money talks and you know what walks! Hollyweird stars!

[No one in particular]

FWIW, everything I've read is that she has been broke a very long time. She even claimed she couldn't afford rehab back in Oct 2010.

[George]

I think jail treats her very nice. She should be sentenced to work for CALTRANS picking up trash on the freeway.

[caught on video]

Tough talk from the long time So Cal Judge, but Lindsay will eventually get over, again.

I still feel she should be banished from the state of California, no the entire USA! Deport her to the Middle East where they cut-off hands/ears for stealing! Even worse, send her to Fresno to serve her time...That'll teach her!

Bad-bad Lindsay!