Eugene Hyman, retired Superior Court Judge of California, says that as Lindsay Lohan is still under probation for misdimeanor theft, there is a chance her probation has been violated as she is now being accused for lying to a law enforcement officer after an auto accident.
One of the conditions for probation is to obey all laws and clearly, lying to a law enforcement officer is against the law, punishable by a fine and up to 6 months in jail. Judge Hyman says she has now put herself in a position where she can either be prosecuted for a new offense or be charged with probation violation. Probation violation is proven by a preponderance of evidence, or slightly more than 50%, where criminal evidence has to proven beyond a reasonable doubt, which is a much higher standard.
Lohan has roughly 200 days left of her imposed probation but as an execution has been stayed on this remainder, it is up to the judge to decide whether and how much to impose based on the case.
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.