Lohan To Be Charged With Felony Count Of Grand Theft « CBS Los Angeles

Lohan To Be Charged With Felony Count Of Grand Theft « CBS Los Angeles.

In my opinion, due to the fact that Lohan is already on probation, her lawyers have a very difficult job in keeping her out of jail this time. In my experience as a criminal defense attorney, when a client has a pending probation violation, the old case (or case for which they are on probation) will direct the outcome of the new case.  This is because the client is not only facing the new charge, in Lohan’s case a felony, but also the allegation that they violated the terms of their probation by committing a criminal offense while on probation. Judges are often not pleased when a criminal defendant comes back into court with a new charge because most judges look at probation as a gift – it is an alternative to jail or prison. 

Lohan’s attorney will be pushing hard for some kind of plea deal that will involve no jail on the new case. However, even if they secure this kind of deal from the prosecution, the defense will also have the hurdle of convincing the judge who originally sentenced her to probation that no jail is necessary for the probation violation. The judge may want her to serve some time for the probation violation, which may mean that she will take the new grand theft case to trial. In Michigan, getting the judge commit to a sentence before a guilty plea is entered is what is commonly callled a “Cobbs conference,” which usually is an agreement between the judge and the parties that if the defendant were to plead guilty, then the judge would agree, for instance, that the defendant would not serve any initial term of incarceration. If the judge later determines that she/he cannot abide by the original agreement, then the defendant is entitled to withdraw his/her guilty plea. In my experience, many judges in Michigan are willing to engage in this type of conference with the lawyers on each side as it is a way that can quickly and efficiently resolve criminal cases. On the other hand, a shrinking minority of judges take the position that these type of plea agreements take away from their discretion to impose a sentence.  

In any event, Lohan’s lawyer will be earning their money.