A source close to the situation explained:
Welcome to the latest saga of Lindsay Lohan's legal woes!
Attorney Mark Heller represented an absent LiLo in court on Friday to handle concerns before the actual trial on March 18.
Facing probation violation and jail-time, Linds' upcoming trial is based on the misdemeanor charges stemming from her June PCH crash, where it is believed that she was driving recklessly and then lied to the police. If the judge determines she violated her probation from the 2011 theft case, it's NOT gonna be a happy day for Lohan!
In court Friday, a new judge appeared in the saga — James R Dabney.
OH HAI JUDGE DABZ!
Off-put by Heller's incompetence (he noted that Heller has no background in criminal law, much less California law), Dabz says Linds either has to get another lawyer or come in to court to waive her right to a competent CA lawyer. The judge continued his reasoning behind this by saying if Heller wanted to raise concerns, he didn't have to raise formal motions. And basically, everything Heller was doing — such as the paperwork — was completely out of whack!
Moving forward, Heller argued that Lindsay was denied basic constitutional rights when she was not read her Miranda rights in an effort to get the case dismissed. Unfortunately, there's conflicting evidence in that argument. And so his motion to dismiss the case was DE-NIED!
Heller then tried to get the trial postponed to the first week of April, claiming the prosecution office was in talks with his and both found it to be agreeable. But the prosecution denied, saying they're ready for March 18.
Heller then continued his argument, saying:
"Justice is always tempted with mercy and compassion, and there seems to be some doubt as to whether Miss Lohan is entitled to mercy and compassion. When there is doubt, the doubt should be reasonably interpreted to the benefit of the defendant. In the interest in justice… I most respectfully ask that she be granted this request, to postpone the trial."
But of course, Judge Dabz said HELL NAW! The trial will happen March 18, because he didn't understand how giving two extra weeks would change her history and that there was no reasonable cause to justify the extension.
So now that they're moving forward, gurl needs a miracle! Even though Linds has a rejected a rehab deal, Heller has been pursuing a deal that involves psychotherapy and community service as an escape-route so Linds won't have to face any more time behind bars.
But this judge isn't playing around!!!
[Image via WENN.]