Lindsay Lohan once again faces possible jail time, after having her probation recently revoked. A judge recently modified her probation from formal to informal, which means that while she still has to obey all law, she doesn't have to report to a probation officer on a regular basis, says retired Superior Court Judge Eugene Hyman of Santa Clara, California.
Hyman says that a judge could have scheduled her for potential violation of probation based on all of the media reports but it took several months for any charges to get filed and only then were violation of probation charges filed.
A hearing is scheduled for January, which Hyman believes suggests that they're not going to do anything until the underlying charges are resolved. Violation of probation can be proved by a preponderance of greater than 50% evidentiary standard, vs. criminal prosecution which must be proven beyond a reasonable doubt, says Hyman.
Hyman notes that there are 245 days of jail time still available, as a balance from a previous offense, but unless it's a violent crime, which in this case it is not, in L.A., they are booked in and almost immediately released.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.