A legal technicality could save Lindsay Lohan from going to jail for her alleged probation violation -- or at least delay it.
Judge Stephanie Sautner -- who will preside over Lindsay's felony grand theft case -- will hold a preliminary hearing next month, in which prosecutors will present evidence she allegedly stole a necklace from a Venice jewelry store.
In California, prosecutors often don't present witnesses in preliminary hearings -- rather, police officers testify about what the witnesses told them.�
If prosecutor Danette Meyers uses police officer testimony to make her case, that cannot be used to determine if Lindsay violated her probation, because it's hearsay.� Under California law, judge's are not permitted to use hearsay involving key witnesses to violate a person's probation.
Short story -- it's likely Judge Sautner will not make a decision on whether Lindsay goes to jail for her probation violation until after the trial.�
Here's the bad news.� Even if Lindsay is found not guilty at trial, Judge Sautner could still violate her probation and throw her in jail.� The standard for determining a probation violation -- probable cause -- is much lower than the standard to convict someone of a crime -- beyond a reasonable doubt.
Ashley Olsen Esther Cañadas Missy Peregrym Jennifer Sky Cheryl Burke
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