By Tatjana Kulkarni (staff@latinospost.com) | First Posted: Jan 07, 2013 03:27 PM EST

Lindsay Lohan failed to show up in a New York City Criminal Court on Monday to make a plea for criminal against her for punching Tiffany Ava Mitchel in a Manhattan night club a few months ago (Photo : Reuters)

Lindsay Lohan failed to show up in a New York City Criminal Court on Monday to make a plea for criminal charges against her for punching Tiffany Ava Mitchel in a Manhattan night club a few months ago.

Mark Heller, the 26-year-old's attorney, told Fox News, "It's my opinion that this case will ultimately be declined for prosecution, but it will be several weeks before the district attorney makes that decision."

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Heller says that the "Parent Trap" actress did not appear at her court hearing because she was unsure on what to plead. Heller defended his client stating that Mitchel was merely fabricating the altercation.

"All she did was verbally request her privacy," said Heller to Fox News.

In November, Lohan was arrested and charged with four misdemeanors for punching Mitchell at the Avenue Night Club located in the Chelsea region of Manhattan, New York.

Mitchell, who is a popular palm reader and physic from Florida, allegedly offered to read Lohan's palm at the club. Lohan told Mitchell "I need space," after which she punched Mitchell in the face, as reported by the New York Daily. 

Heller went on to defend his client by deriding Mitchel, "From my understanding, Lindsay was being approached by a fortune teller who sought to provide a reading to her and she politely said 'I don't want to participate' and declined...You would think if [Mitchell] was a fortune teller, she would have been able to see this happening in advance. But obviously her skills weren't that honed," as reported on Us Weekly.

The "Liz & Dick" actress has been known for her problems with the law, as opposed to her work. Her most recent movie "Liz &Dick" by Lifetime television did not perform as expected and instead received highly critical reviews overall.

Manhattan District Attorney said the office would continue to investigate the Lohan-Mitchel case and Lohan would only have to appear in court after a formal case has been filed. 

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