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Lindsay Lohan Would Get Jail in a Plea Deal, Judge Says

Lindsay Lohan Would Get Jail in a Plea Deal, Judge Says
Lindsay Lohan and Shawn Holley
Paul Buck/Pool/Sipa

02/23/2011 AT 12:55 PM EST

The next time Lindsay Lohan comes to court she may need to bring a toothbrush.

A tough-talking Superior Court Judge Keith Schwartz told the troubled actress Wednesday that the only way he'll accept a plea bargain in her felony theft case is if she goes to jail.

"I treat everybody the same," he told her at a hearing in Los Angeles. "I don’t care that you're Lindsay Lohan vs. John Doe or Jane Doe. That doesn't affect me."

The judge set a March 10 deadline: Return to his court that day with her decision or go before another judge for a preliminary hearing and later trial on a charge she stole a $2,500 necklace and that she thereby violated her probation in an earlier DUI case.





"If you plead in front of me, if this case is resolved in front of me, you are going to go to jail. Period," he said.

Lohan, 24, came to court in a slightly more conservative look for her latest hearing, substituting the jaw-dropping, skin-tight mini-dress of her last appearance for white pants and a black, low-cut blouse and black stilettos.

Her mother Dina and father Michael Lohan were in the courtroom, as was her brother Michael Jr.

The actress faces a grand theft charge for allegedly walking away with the necklace from a jewelry store last month. Lohan has indicated it was all a mistake, that she thought she was allowed to borrow the necklace. Her attorney has also claimed it was worth much less than $2,500, which could drop the case from a felony to a misdemeanor.

Before Wednesday's hearing, the judge met in chambers with the prosecutor and Lohan's defense attorney and said he came away with the impression Lohan wasn't willing to accept the District Attorney's plea deal, which was not revealed.

If Lohan decides against a plea deal next month and goes to the preliminary hearing, her risk of jail time remains. At that same hearing, the new judge will consider whether she should face punishment for violating her probation in the DUI case.

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