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Lindsay Lohan Trial: Will Lohan face hard jail time for her DUI problems?

ByMichael Briggs
Mar 16, 2013 02:12 PM EDT

Lindsay Lohan is set to take her celebrity profile to a Santa Monica courtroom on Monday to to begin her trial for lying to police, obstructing a police officer, and reckless driving stemming from her June 2012 car crash.

Lohan has been offered an array of plea bargain options that included house arrest and rehab, but is adamant to take to court with New York lawyer Mark Jay Heller by her side. Accepting a plea bargain still isn't off the table, however, if she wants it.

"It is possible that the City Attorney's Office will allow her to accept that deal on Monday," Los Angeles-based criminal lawyer Elana Goldstein told Yahoo omg!. "It is also possible that she could negotiate a better deal on Monday - sometimes the best deals are struck with the jury waiting in the hallway." 

Prosecutors reportedly have multiple eyewitnesses claiming Lohan was behind the wheel of her rented Porsche when it crashed into an 18-wheeler, and not her former assistant Gavin Doyle, who Lohan has claimed was driving.

Lohan's two prior incidents could also come back to haunt Lohan in this case.

Prosecution "could use them against her," says Goldstein. "The City Attorney has indicated that they plan to use her prior acts. The judge may not allow the City Attorney to present evidence of her prior bad acts if Lindsay chooses not to testify. It would be within the judge's discretion. Essentially, the purpose of using her prior bad acts would be to show that this is how Lindsay acts in these types of situations ... namely, getting into an accident and denying being the driver." 

"The judge certainly can consider her past acts in deciding her sentence," says Goldstein. 

Even if Lohan is found not guilty, the judge can still rule that the case violated her 2011 probation. But will Lohan face hard jail time?

"All of her charges are misdemeanors," explains Goldstein, "so even if she were sentenced to jail time, she would likely be released very early. My answer would be different if she were sentenced to a felony. Serious or not, they are still all misdemeanor charges."

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