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The felony grand theft charge is serious stuff, but Lindsay Lohan’s track record with her probation is what may really torpedo her bid to stay outta jail.

She’s done a really crappy job.

The L.A. County Probation Department report is so bad, it could land her behind bars if she’s convicted in the necklace caper, or while awaiting trial.

Lindsay and Bader Image

Drafted after Lindsay allegedly stole the $2,500 necklace back in January, the report contains something “shocking” and “devastating” against Lohan.

The info has never been made public, but if it ever comes into play, the judge who uses it to determine sentencing will likely throw the book at her.

The stakes will be high if Lindsay doesn’t accept Judge Keith Schwartz’ proposed sentence by his March 25 deadline – a modest three months in jail.

That amount could be pared down to a mere 2-3 weeks with good behavior, but so far, Lohan has refused to accept a deal that involves jail, period.

If Lindsay remains steadfast and takes the grand theft case to trial, Judge Stephanie Sautner could take the report into account in two ways:

  1. To determine sentencing if Lindsay is convicted
  2. To remand her into custody while awaiting trial

Therein lies Lindsay’s problem.

For acting like a moron who can’t refrain from skipping alcohol education classes or tampering with an ankle monitor, she’s screwed either way.

She faces a year in jail for just violating her probation, which the judge can determine took place at her sole discretion – no jury trial required.

The short story? Judge Schwartz’s offer is the best she’s going to get, because with a guilty plea, the probation violation will be a moot point.

THG NOTE: Take the plea bargain, moron.

[Photo: Pacific Coast News]