Lindsay Lohan Judge Refuses to Toss Case, Scolds New Lawyer

4:27 PM PST 03/01/2013 by Mia Galuppo

Lohan's attorney, Mark Heller, is chastised by judge for being ill-versed in California state laws.

Lindsay Lohan's new attorney, Mark Heller, unsuccessfully attempted to get the starlet's latest case, stemming from her California car accident last June, dismissed.

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The actress will have to return to court on March 18 and could possibly face jail time if the judge believes she violated the terms of her probation, originating from her 2011 theft case. She was not present during Friday's hearing.

After her previous lawyer, Shawn Holley, quit in January of this year, the Mean Girls star hired Heller, who has practiced law for 44 years.

The New York-based attorney claimed Lohan's most recent case should be thrown out because police didn’t advise her of her Miranda rights before questioning her about the accident, reports ABC News. Judge James Dabney then informed Heller that California law doesn’t require a reading of Miranda rights in such a situation and that Lohan's fourth amendment rights had not been violated.  

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Heller then requested to move the trial date from March 18 to April 1. When Dabney informed him that April 1 is a holiday in California, Heller joked he wasn’t aware April Fool’s Day was a holiday. April 1 is, in fact, Cesar Chavez Day -- a California holiday which honors the late labor leader and civil rights activist -- the judge informed him.

Judge Dabney then declared that an attorney who is competent in California law must join Heller at trial, or Lohan will have to waive her right to an attorney.

Though Lohan will have to return to court, she will also be returning to work. The actress is set to guest star on FX's Anger Management, the television comedy of friend and Scary Movie 5 co-star Charlie Sheen.

 

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