The judge then ruled that Lohan violated her probation for the incident, but decided against sending the star directly to jail. Instead, any penalty will be dished out if the actress gets a losing verdict. The misdemeanor has a potential penalty of a year in jail.
Deputy District Attorney Danette Meyers called four witnesses to make her case that Lohan should be tried for a felony, including the owner of the store where Lohan is accused of theft.
The actress turned down a pair of plea bargain offers in the necklace theft case recently.
Sofia Kaman, the owner of Kamofie & Co., testified on Friday that Lohan stole a $2,500 necklace from her store on Jan. 22. She told Judge Sautner that Lohan had been coming into the store all week to look at items, but never bought anything. She waited to report the necklace stolen because the actress had said she'd be back in a day to buy something else.
After a police report was filed, authorities reportedly waited until she was photographed wearing the necklace before deciding to pursue charges. A friend of the actress turned the necklace in to the Pacific Division of the LAPD on Feb. 2.
Lohan claims that the necklace was loaned to her -- and that her stylist simply forgot to return it in time. Kaman says she did not have any agreement with Lohan allowing her to leave the store with the necklace.
Lohan's lawyer Shawn Holley and Kaman got testy at times during the hearing. At one point, Holley noted that Lohan was baring a lot of cleavage that day and questioned why Kaman didn't notice the necklace dangling above it.
"I wasn't looking at her chest," Kaman said. "I was looking at her face."
At another point, Holley accused Kaman of profiting off the incident. "Celebrity sells right?" she asked the store owner, according to TMZ. She reportedly replied, "It can." Kaman also denied selling a surveillance tape that was later released.
Judge Sautner warned both Kaman and Holley to be more respectful.
Lohan was officially charged during a hearing on Feb. 9. After pleading not guilty, Judge Keith Schwartz lanced into the actress for not taking the charges seriously. "If you violate the law again, I will remand you with no bail," he told her. "Things will be different."
The actress, who remains on probation in a 2007 drunken driving case, is accused of taking the necklace roughly three weeks after she was released from three months of court-ordered rehab at the Betty Ford Center.
The judge who initially handled the necklace theft case has said he thinks Lohan violated the terms of her release, but has assigned the preliminary hearing to Judge Sautner, who could send Lohan to jail after Friday's hearing if she determines there is enough evidence to support the probation violation.
?Legal Experts Tell PopEater Lindsay Lohan Has a Good Chance at Trial
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Lindsay Snapshots
Lindsay Lohan arriving at court with her lawyer Shawn Chapman Holley in Los Angeles April 22, 2011 X17online.com
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