Today Lindsay Lohan appeared in court and her attorney Shawn Chapman Holley, was ordered to prepare for a preliminary hearing on the theft charges regarding a necklace from a Venice, CA jewelry store. At this time it will also be determined whether she is in violation of her probation on her original 2007 DUI charge. The judge would have discretion whether to sentence her on both and has indicated that if Ms. Lohan entered a plea in his court she would be facing jail time.

All defendants who are charged with felonies are entitled to a Preliminary hearing at which the prosecution has to demonstrate that it has sufficient evidence to require the defendant to stand trial on the charges. The burden of proof is very low meaning that the prosecution must show minimal evidence to prove the elements of the crime and the likelihood that the defendant did it. Even if contradictory or inconsistent evidence is admitted on key issues, the matter will be held for trial because a question of fact will exist as to those issues.

The Los Angeles County District Attorney’s Office has a policy regarding its "Early Disposition Program." This means that a plea offer given prior to the preliminary hearing is supposed to be the best offer the defendant will get, and they advise that the offer could get worse, if the case proceeds to preliminary hearing. This means that the attorney must be really prepared, aware of all facts and circumstances pertaining to the allegations, the investigation, the evidence and the client’s condition and state of mind. This, minimally is required in order to fully defend a client and determine whether the plea offered is appropriate or whether there is a valid defense that should be pursued on behalf of the client.

Law Offices of Sara L. Caplan

P.O. Box 3335

Beverly Hills, CA 90212

Office: 310-550-5877

Fax: 310-362-0411

www.saracaplandefense.com