Lindsay Lohan is Going to Trail

Lindsay met with her lawyer, Shawn Holley Tuesday afternoon.  Holley laid out the options but left the decision to Lindsay, who said she's firm about her innocence and wants to push it to the wall at trial.

Lindsay's felony grand theft case will now be assigned to Judge Stephanie Sautner who is considered a tough but fair judge and the preliminary hearing is set for April 22.

Lindsay faces both jail and prison as the case moves on jail,  if Judge Sautner decides Lindsay violated her probation, and prison, if Lindsay is convicted of grand theft.

We have been saying Lindsay was crazy not to accept the plea deal, not because she'd be found guilty of grand theft ... but the way the system is set up, Lindsay could be thrown in jail for the probation violation before her grand theft trial.

Here's the good news for Lindsay.  If she had accepted a plea deal, she would have been placed on 3 years probation. Lindsay has a credible defense in the grand theft case, and if Judge Sautner agrees NOT to rule on the probation violation until a verdict is reached in the grand theft case, Lindsay could get off with no time served.

Lindsay Lohan Is Taking Plea Bargain

Lindsay Lohan's lawyer and the prosecutor have been trying to hammer out a plea bargain but have hit a wall, so now they're having a pow wow with the judge to break the stalemate.



Sources connected to the case tell TMZ ... Shawn Holley has been speaking with Dannette Meyers about copping a plea in Lindsay's felony grand theft case -- the whole necklace thing -- but Meyers won't budge on 6 months in jail.

So ... we've learned Holley and Meyers will go to court next week and meet with Judge Keith Schwartz in his chambers.  We're told Holley will ask the judge what sentence he'd hand down if Lindsay pleads guilty or no contest. 

Sources familiar with the case and Judge Schwartz believe Hiz Honor would probably go for a 3 month sentence.

Our sources say both Meyers and Holley believe Lindsay will only do 20% of the actual sentence because of overcrowding.  So, if Judge Schwartz gave Lindsay 3 months, she'd only serve 18 days.

Judge Schwartz is known as a settlement judge, so it's likely a deal can be struck ... IF Lindsay's willing to accept reality -- that she's going to do some jail time, no matter what.

Stay tuned