Lindsay Lohan

David Tonnessen/

Lindsay Lohan can breathe easy...for now.

E! News has confirmed the Los Angeles County District Attorney's Office will not be charging the troubled starlet today with felony theft for allegedly swiping a $2,500 necklace—which means mom Dina Lohan, can go back to fuming over Glee dissing her on its post-Super Bowl broadcast.

So where's the Lindsay case stand?

"Absolutely nothing will be filed today," D.A. spokeswoman Jane Robison tells E! News.

Right now, longtime Lohan nemesis Danette Meyers (who prosecuted the actress's DUI case) is still going over the evidence presented last week by the LAPD.

If Meyers agrees with police that a felony charge is warranted then a criminal complaint will be filed.  But because Lohan would be considered a nonviolent offender, the D.A. would not dispatch police to take her into custody. Instead, Team Lohan would would either negotiate a surrender or prosecutor's would just set an arraignment date for her to appear.

Over the weekend, Lohan attorney Shawn Chapman Holley issued a statement saying, "We vehemently deny these allegations, and If charges are filed, we will fight them in court, not in the press."

Meanwhile, sources close to the Lohan family seem to be in denial about the seriousness of the alleged felony, which carries a maximum three-year state prison sentence.

"No one [in the family] really thinks she's going to get charged," said the family insider. "They believe she didn't steal the necklace. They think it's a non-case."

After all, mom Dina has more importaint things to fixate on, like getting dissed on Glee when on last night's episode Katie Couric branded Jane Lynch's Sue Sylvester the "Loser of the Year," besting Dina for the honor.

That's criminally funny.

—Reporting by Claudia Rosenbaum and Katie Rhames

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