Lindsay Lohan has found herself in trouble again. This time, the scene was set in New York City and she was the star in her very own hit and run accident. After hitting an employee of a restaurant on the driveway shared by the restaurant and her residence and leaving the scene, the question of her probation comes up and whether or not she is in violation of her probation.
When you’re on formal probation, there is no official mechanism to get you back in front of the court when you’re in violation and historically, nothing happens unless the person picks up a new offense while on court probation, according to retired Superior Court Judge of Santa Clara, California Eugene Hyman.
To be convicted of a hit and run, a person needs to have reasonably known they were involved in an accident and according to the press Judge Hyman has read, Lohan claims she didn’t know she hit someone. In terms of violation of probation, the standard of proof is a preponderance of more than 51%. Judge Hyman says that it is very common when a case is more difficult to prove beyond a reasonable doubt standard to bring it in as a violation of probation because it is heard in front of judge, not a jury, thereby lowering the burden of proof.
Judge Hyman does not believe that a judge in California will get “excited” about this case, based on what he’s read in the press, especially when no drugs or alcohol have been involved.
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.