TMZ reports the D.A. could drop the felony grand theft case completely, but a judge could revoke Lindsay’s DUI probation.
Prosecutor Danette Meyers could go back to court and ask the judge to violate Lindsay’s DUI probation, assuming she stole the necklace. Then the judge in the probation case could a hearing without a jury to establish whether she did steal the jewelry.
In a criminal case, the D.A. must prove guilt beyond a reasonable doubt, whereas in a case of probation violation, the judge has all the power.
If the judge decides Lindsay violated her probation, prosecutors could ask for more than a year in jail.
In addition, if the D.A. dismissed the grand theft case, it could go back to Judge Fox, who sent Lindsay to jail last year and has lost his patience with the actress a long time ago.