Judge tells Lindsay Lohan she could still face jail even if found not guilty by jury... as trial date is set over car crash case

Trial date set for next month over car crash case
Actress arrives at court in LBD, platform heels and sporting new arm tattoo
Lohan arrived back in LA in early hours of Wednesday morning and was rejected from two hotels
Actress said to be suffering from an 'upper respiratory tract infection'
Initially refused to go to LA for hearing - despite going shopping in NYC
Had a dramatic change of heart on Tuesday and boarded flight with mother

PUBLISHED: 11:45 EST, 30 January 2013 | UPDATED: 13:57 EST, 30 January 2013

Lindsay Lohan was told by a judge on Wednesday that she could still be found in violation of her probation - even if a jury finds her not guilty.

The actress was in court for a hearing relating to a lying to police and reckless driving over a car crash in June last year on Pacific Coast Highway.

Judge Stephanie Sautner set a trial date for next month, and dryly commented to Lindsay: 'I'm glad to see you're feeling better,' in reference to the actress almost not showing up on health grounds.

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Hard day's night: A sleepy-looking Lindsay Lohan appeared in court in Los Angeles on Wednesday for a probation violation hearing - hours after being rejected from two LA hotels

Tense: The actress was joined by her New York-based lawyer Mark Heller after cutting ties with long-term attorney Shawn Holley

Lindsay confirmed that Mark Heller, her new lawyer, will represent her in the case, after cutting ties with long-time attorney Shawn Holley.

Lohan hesitated when asked if she was comfortable with the change in legal representation - but agreed - amid reports she was desperate to get Holley back after reportedly firing her.

The 26-year-old actress is facing jail over claims she lied to police over a car crash in June last year on Pacific Coast Highway.

Facing justice: Lindsay was back in court with Judge Stephanie Sautner

Media frenzy: Lohan was flanked by photographers as she was led into the court house

At the time she told police her assistant Gavin Doyle was driving her Porsche - but he later told police it was Lohan behind the wheel.

Tattoo: The actress revealed a new etching nestled on her inner arm, a red triangle with writing underneath

Lindsay, whose probation stemming from her 2011 jewellery theft case was formally revoked in December, has been told that even if jurors find her not guilty in the trial, she could still be found in violation of her probation, because the standard of proof is lower.

Essentially that means a jail term could still be on the cards.

New York lawyer Heller attempted to court favour with the judge, asking her about her NYC link as a former detective in the Big Apple.

'That was in another life,' Sautner fired back. 'Flattery does not get your anywhere in this court.'

Sautner also revealed that she is retiring later this month - so will not be the judge in Lindsay's trial.

'I'm retiring before the 1st March, she said referring to Lindsay's next hearing: 'Not that I planned it this way.'

The next hearing will be March 1 where motions will be filed, while the trial has been set for March 18.

Lohan, joined by her mother Dina, arrived seven minutes late for the hearing, turning up at 8.37am local time for her 8.30am hearing wearing a sleeveless black dress with keyhole detailing at the back and her hair up in a ponytail.

She was also displaying what appeared to be a new tattoo on her right inner arm - a red triangle with script underneath.

Court drama: Lindsay Lohan arrived at the Airport Courthouse in Los Angeles on Wednesday morning for her probation violation hearing

Court drama: The arrived at the Airport Courthouse for her probation violation hearing

Walking tall: The actress wore a little black dress with platform heels and kept her eyes hidden behind shades

A LURID FAKE TAN AND INAPPROPRIATE SHOES: LILO'S COURTROOM LOOK

Lindsay Lohan is clearly making an attempt at looking courtroom-appropriate, but has missed the mark on several counts.

Her face is relatively make-up-free this time, but her hair is carelessly scraped back, giving the impression that she has just rolled out of bed.

And while the simple black shift dress is fine attire for sunny LA, the cap sleeves expose a very poor fake tan job: the troubled starlet's face, decolletage and arms are lurid orange, yet her legs are startlingly white in comparison.

Lindsay Lohan

Her cluster of long necklaces fall beneath the dress, clearly unintended to coordinate with it, giving the impression that they were part of a previous outfit and the new dress was thrown on with little regard for the jewelry she was already wearing.

And though her towering black-and-white printed Christian Louboutin heels might be perfect for the red carpet or a night out, they look quite ridiculous in this context. A simple platform-free pump would have been a far better choice.

She looked deflated throughout proceedings as the opposing legal teams discussed dates and scheduling.

A source previously said: 'Mark believes he can get Lindsay acquitted of all criminal charges stemming from her car accident in Santa Monica last summer.

'Lindsay has convinced Mark that she never lied to cops when they asked her if she was driving the car that day.

'There was a plea bargain offer on the table for Lindsay to go to rehab for nine months, but she absolutely refused that. Mark won't sign off on a deal that sends Lindsay to rehab for more than 60 days.'

Bloated: LiLo appeared to have slapped on the fake tan in abundance - and struggled to keep her eyes open at times during the hearing

Tentative: Lohan heistated when asked by the judge if she was happy for Heller to represent her

Here she comes: Lindsay and mother Dina arrive to the circus outside court

Lindsay flew into Los Angeles on Tuesday night - and was promptly rejected from two hotels in the early hours of Wednesday morning - Shutters and Loews, where she has apparently been blacklisted.

The actress had claimed over the weekend that she was too ill to fly, with her attorney Heller presenting the judge with a note from the actress' doctor on Park Avenue saying Lindsay was suffering from an upper respiratory tract infection and could not travel.

He is also said to have included an article from the New York Post newspaper about a flu epidemic hitting the city.

Not a good week: After arriving in Los Angeles for the court hearing which could see her jailed, Lindsay Lohan was reportedly turned away from two hotels

Not a good week: After arriving in Los Angeles late on Tuesday night for the court hearing, Lindsay Lohan was reportedly turned away from two hotels

Please let us stay: Lindsay's mother Dina was seen talking to reception staff, apparently pleading for the pair to be allowed to stay

We can see you! Lindsay was seen attempting to hide her face as she sat in the car while her mother spoke to the staff inside the hotels

However, the real state of Lindsay's health remains unclear. She allegedly went to a New York doctor on Saturday but was spotted on a shopping spree in SoHo the same day.

But it was not until late on Tuesday that she decided she had to go to LA after becoming 'terrified' at the repercussions of missing court - and in order to dodge an arrest warrant.

Meanwhile, TMZ has also reported that Lindsay is now desperate to have her recently fired long-term lawyer Shawn Holley back.

Am I allowed to come in? Lindsay's car was seen parked up outside the Loews Hotel during Dina's negotiation attempts

Not welcome here: Lindsay was blacklisted from Shutters Hotel following a room-trashing incident back in 2007

Lindsay and her team have allegedly been begging for the top legal eagle to return to the fold as the actress 'can't stand' Heller, and has been reportedly in tears over her fear surrounding the looming hearing.

Lindsay has a complex legal history that includes drink driving convictions and her infamous no-contest plea to the jewellery theft last year.

In May 2007, Lindsay was arrested on suspicion of driving under the influence and this led to her heading for rehab for 45 days.

Dishevelled: Whether she was well or not, the actress did appear a little dishevelled as she made her way through the terminal

Dishevelled: Whether she was well or not, the actress did appear a little dishevelled as she made her way through the terminal at LAX

And in July that year, Lindsay refused to take a sobriety test and was taken to a police station where her blood alcohol level was over the limit. She also had some cocaine in her pocket.

She later spent 23 days in jail after she was found guilty of violating her probation because she failed to perform her community service at a Los Angeles morgue.

In September, it emerged she was being investigated for allegedly hitting a pedestrian with her Porsche while on a night out in Manhattan, with the victim claiming she smelled of alcohol and had been slurring her words, and that she treated him like a 'nothing.'

'Too sick to fly'! Lindsay pictured shopping in Soho in New York on Saturday, the same day she allegedly visited a doctor to obtain a sick note

HIGHS AND LILOS: TIMELINE OF A TROUBLED STARLET

JANUARY 2006
Lindsay Lohan admits to having bulimia and taking drugs in the past in an interview with Vanity Fair magazine.

DECEMBER 2006
The actress' mother reveals she has joined Alcoholics Anonymous.

JANUARY 2007
She checks into rehab at the Wonderland Centre in L.A. for the first time.

MAY 26 2007
Lindsay crashes her Mercedes and was cited for driving under the influence. Police found a substance tentatively identified as 'a usable amount of cocaine' in connection with the accident.

MAY 29 2007
She returns to rehab for the second time.

JULY 2007

Just 11 days after leaving rehab, Lohan is arrested for driving under the influence of alcohol in Santa Monica. The star, who was wearing an alcohol detection ankle bracelet, is booked for DUI, possession of cocaine, transporting a narcotic into a custody facility and driving on a suspended license.

AUGUST 2007

Lindsay checked in for her third rehab stint, this time at the exclusive Cirque Lodge Treatment Centre in Utah.

NOVEMBER 2007

She serves just 84 minutes in jail and begins community service as part of the plea deal for her two DUI convictions.

MAY 2010

After failing to turn up to a scheduled court hearing, Lohan in ordered to wear a SCRAM alcohol-monitoring bracelet and is ordered to random drug testing.

JUNE 2010

Her SCRAM bracelet is set off while she attends a MTV Awards after-party.

JULY 2010

Lohan begins serving 90 days at Lynwood jail in California for violating her probation in her DUI case. She is released for good behaviour after serving just 13 days.

AUGUST 2010

She checks in for a court ordered stint in rehab. She spends three weeks in UCLA's Neuropsychiatric Hospital.

SEPTEMBER 2010

The actress is back in court after failing a drug test. A judge orders her to return to jail for 30 days. She appeals and a supervising judge allows her to leave after less than 14 hours behind bars. She later posts $ 300,000 bail. She checks into rehab for the fourth time.

DECEMBER 2010

Lindsay Lohan investigated by police after allegedly assaulting a female employee at the Betty Ford Centre.

JANUARY 2011
She is discharged from the clinic after three months.

FEBRUARY 9 2011
After being investigation for stealing a $ 2,500 necklace from a Venice, California, jewellery store, she is formally charged with one count of felony grand theft and her bail is set at $ 20,000.

FEBRUARY 23 2011

She is offered a plea deal in her theft case which involves jail time.

MARCH 23 2011

Determined to prove her innocence, Lohan rejects the plea deal and moves forward with a trial.

MARCH 29 2011

Police decide not to prosecute the star over her alleged assault of Betty Ford Centre employee.

APRIL 22 2011
Lohan scores a victory after her felony grand theft charge is reduced to a misdemeanour. Hours later, she is found in violation of her probation – from a previous DUI case - and sentenced to four months jail - but was later bailed after posting $ 75,000 bond and will now appeal.

MAY 26 - JUNE 29 2011

After being convicted, of the misdemeanour of theft and probation violation, and sentenced to 120 days in prison she was placed under house arrest due to overcrowding in jail. She spent 35 days at her home in Venice.

NOVEMBER 2011

Found guilty of violating her probation after failing to complete morgue duty and sentenced to 30 days in jail and 400 hours of community service.

Spent just 5 hours in prison due to overcrowding.

MARCH 2012

Lindsay's supervised probation ended after she completed the community service and therapy. She will still be on informal probation for the necklace theft until May 2014, with the only requirement to follow the law

JUNE 2012

Involved in car crash with a truck on Pacific Coast Highway in Los Angeles. She told police her assistant Gavin Doyle was the one driving her Porsche - he later told police it was in fact Lohan behind the wheel. Could still face charges for lying to police - and could result in probations being revoked

JULY 2012

Actress is asked to leave Chateau Marmont after failing to pay $ 46,000.

AUGUST 2012

Named as a suspect in $ 100,000 heist from friend's all charges were later dropped.

SEPTEMBER 2012

Star is arrested after clipping a pedestrian with her car and leaving the scene.

OCTOBER 2012

Hit and run case dropped by prosecutors. Actress could still face a civil law suit from alleged victim Jose Rodriguez

NOVEMBER 25, 2012

Lindsay stars in her first major role in years playing Elizabeth Taylor in the Lifetime biopic Liz & Dick. Critics panned the attempted comeback, calling her a 'train wreck' and viewers mocked her acting on social media.

NOVEMBER 29, 2012

Arrested Thursday after police said she hit a woman during an argument at a New York City nightclub

DECEMBER 12TH, 2012

Lindsay's probation is revoked in relation to her 2011 jewellery theft case. The judge - Commissioner Jane Godfrey - has now scheduled a hearing for January 15 and if it is determined Lohan did violate her probation she could face up to 245 days in jail.

JANUARY 5TH, 2013

Actress fails to attend court hearing, partying in London with The Wanted singer Max George instead

JANUARY 15TH, 2013

News emerges that Lindsay sacked lawyer Shawn Holley as she put the final touches to a plea deal which would have instead sent the troubled starlet to 'lockdown rehab' for six months
The actress was arraigned on her latest charges, with a date of 30th January set for a probation violation hearing

JANUARY 30TH, 2013

Lindsay flies back to Los Angeles for her court hearing, after alleging just hours before that she was too ill to travel because of a respiratory tract infection.
Actress appears in court. Trial date is set for March 18.
Told she could still be found in violation of probation - even if acquitted on misdemeanour charges over car crash case