LOS ANGELES – A hearing is set today in the case of troubled actress Lindsay Lohan, who is awaiting trial later this month on three misdemeanor counts stemming from a car crash last June.
Lohan’s new attorney, Mark Jay Heller, has said he expects Lohan to attend the hearing, although she is not required to.
The 26-year-old actress was charged Nov. 29 by the Santa Monica City Attorney’s Office with one misdemeanor count each of willfully resisting, obstructing or delaying an officer, providing false information to an officer, and reckless driving. The misdemeanors each carry potential jail terms ranging from three months to a year.
Lohan is accused of lying to the police by telling Santa Monica officers she was not driving a Porsche that rear-ended a truck on Pacific Coast Highway June 8 as she headed for work on the TV film “Liz & Dick.”
Lohan was already on probation in connection with her no contest plea in May 2011 to a misdemeanor grand theft charge involving a necklace she took from a Venice jewelry store, and now stands accused by the Los Angeles City Attorney’s Office of violating the terms of her probation.
There have been conflicting reports about whether there was a settlement in the works with Lohan, who is set to go on trial March 18.
“We’ll come together on Friday and see where we are,” Heller said earlier this week.
While Santa Monica city prosecutor Terry White and Heller have discussed a possible plea deal, the L.A. city attorney, won’t accept any deal of less than 90 days in a locked rehab center, a source familiar with the prosecution told the Los Angeles Times.
In the event Santa Monica’s prosecutor agrees to a lesser sentence, L.A. prosecutors will probably object and ask that Lohan be sentenced to 90 days for violating the terms of her probation, the source said.
In a letter to White and Spencer Hart of the Los Angeles City Attorney’s Office, Lohan’s attorney wrote last month that his client had asked him to “facilitate an in-person meeting with both of you, not to discuss the merits of her defense or the details of her case, but rather for Lindsay to introduce herself to both of you and express her sincerest desire to share her thoughts and help in the process of our determining what the best course would be for her future and to personally affirm her commitment and dedication to fix the problems.”
In a court document filed last week, Lohan’s attorney contended that the actress was not advised of her Miranda rights and was questioned at Santa Monica Hospital after she invoked her right to have an attorney present following the crash.
In his motion, Heller asks that any statements from Lohan or photographs of her be suppressed and seeks the dismissal of two of the charges — willfully resisting, delaying or obstructing an officer and giving false information to a police officer — “on the basis that the Santa Monica Police Department officer was not acting or engaged in the lawful performance of his duties, and was acting unlawfully.”
The defense lawyer also asked in his motion for a continuance in the case to allow him time to get medical records he has requested.