At issue is LiLo lying to the police. When she slammed into the rear of an 18-wheeler on the Pacific Coast Highway in June, she told authorities that she was not behind the wheel of the rented Porsche. However, she was, and lying to the police is a crime.
It is, however, only a misdemeanor. The larger issue is her ongoing probation stemming from her misdemeanor shoplifting case. Although in late March, Los Angeles Superior Court Judge Stephanie Sautner officially removed Lohan from probation from two 2007 drunken driving convictions, she remains on "informal probation" for that jewelry theft case.
With that ongoing probation, Lohan could face jail time if any criminal charges are actually filed, and reports say that the case will be filed soon.
Sources connected to the "lying to the police" case said that when the Santa Monica City Attorney files the case against Lohan, it will go to L.A. County Superior Court Judge Jane Godfrey for arraignment. The sources said that it has already been decided that when Lohan is arraigned, Judge Godfrey will revoke Lindsay's probation and set the matter for a full hearing, on the grounds she violated her probation in the jewelry theft case by breaking the law.
Still, even if Lohan winds up behind bars, we don't expect her to stay there long. As we've seen previously -- and not for Lindsay Lohan, but for others such as Paris Hilton and Nicole Richie, any celebrity jail time nearly always is commuted by "overcrowding" or other faux reasons. Lohan would only serve a "real amount of time" behind bars if she was sent to prison, not jail.