Lohan's defense team appeared in court regarding three misdemeanor counts the actress is facing, stemming from a car crash last June.
The troubled actress was expected but not required to attend the hearing. Her attorney, New York lawyer Mark Hay Heller, appeared on her behalf at the Del Aire court to take care of any loose ends before Lohan goes to trial March 18. She's facing one misdemeanor count each of willfully resisting, obstructing or delaying an officer, providing false information to an officer, and reckless driving.
Lohan is accused of lying to Santa Monica police officers. The actress reportedly told officers she wasn't 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."
Heller made a motion to dismiss the charges filed against his client but was denied by the judge. The 26-year-old actress' attorney had sought to delay the case so Lohan could pursue psychotherapy and perform community service.
L.A. County Superior Court Judge James Dabney R. went on to question Heller's competence in Calif. criminal law, stating the lawyer didn't follow proper procedure when filing the motion.
He advised Heller to get assistance from another attorney or Lohan would be required to attend hearings to gauge his ability to represent her.
"Ms. Lohan is going to have to come in here and waive her right to have attorneys who are competent in Calif. law and procedure to go forward.," Judge Dabney said. "So if she chooses to go forward with the present defense team it's her right."
Lohan's attorney Mark Heller responded to the judges' statement outside of court.
"He was making an observation that certain procedures that we traditionally follow, for example in the jurisdiction where I practice, which is in New York, are different than the procedures that are followed here in Calif.," Heller said.
The judge made it very clear that if Lohan decides to stick with Heller she will not be able to argue that she did not have competent counsel later on.
The starlet is on probation for a 2011 necklace theft case. A conviction would most likely land the actress in jail for several months.
