In response, Los Angeles Superior Court Commissioner Jane Godfrey revoked Lohan’s probation – a formality whenever there’s an allegation of a violation – and set a Jan. 15 court appearance that could be the next step toward sending Lohan to jail for up to 245 days.
The Liz & Dick star, 26, exercised her right not to attend the date-setting hearing. Her lawyer Shawn Holley appeared on her behalf and denied that Lohan violated her probation in a necklace-theft case.
“We’re all hoping to get this behind us very quickly,” she told reporters.
The next court date will be to set a hearing in the probation matter and a trial on charges of obstructing an officer, lying to an officer and reckless driving in the Porsche accident.
Prosecutors from both Los Angeles and Santa Monica attended Wednesday’s hearing because the crash occurred in Santa Monica while the necklace case was in Los Angeles.
Although Lohan completed the requirements of her formal probation in the theft case, including 18 sessions of therapy and more than 50 hours of janitorial duty at the L.A. County morgue, she remained on a tight legal leash.
Her judge, Stephanie Sautner, warned her to stop the nightclubbing and obey all laws during her informal probation – which lasts until May 24, 2014 – or risk jail time.
In addition to the three misdemeanors, prosecutors could argue that Lohan also violated probation just two weeks ago by allegedly slugging a woman in a 4 a.m. barroom brawl in New York.
Commissioner Godfrey can find Lohan in violation of probation merely on the basis of compelling evidence that the actress went against what Sautner ordered – even if Lohan is acquitted of the actual charges.