Lindsay Lohan has a secret plan to stay out of jail if Judge Stephanie Sauntner rules that she violated her probation for getting charged with felony grand theft, RadarOnline.com is exclusively reporting.

A source close to Lohan reveals: "Lindsay is taking a HUGE gamble by proceeding forward with the case. Her preliminary hearing is set for April 22, 2011. At the conclusion of the preliminary hearing, Judge Sautner will determine if there is enough evidence to proceed with a trial against Lindsay and if Lindsay violated terms of her probation.

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Lindsay Lohan's attorney has formally notified Judge Keith Schwartz that she won't be taking the plea deal that would have included jail time in connection with her grand theft charge, RadarOnline.com can report.

Lohan had to notify Judge Schwartz by today about her decision.

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Contrary to reports, RadarOnline.com has learned that Lohan's attorney only notified the Judge of Lohan's decision at 3PM PT.

Lindsay Lohan will decide as soon as Tuesday, March 22, if she will accept a plea deal in her grand theft case in order to avoid a trial.

But RadarOnline.com has learned, if she does not cop a plea, the controversial jewelry store owners won't get their moment in the spotlight at the actress' preliminary hearing because the Los Angeles District Attorney won't be calling them.

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