Lindsay Lohan's Misdemeanor Assault Hearing Postponed

01/07/2013 at 01:15 PM EST

Could 2013 be the year Lindsay Lohan steers clear of trouble with the law?

Attorney Mark Jay Heller, the Liz and Dick actress's lawyer, predicts there will be no case against Lohan in connection with an alleged assault in a Manhattan nightclub in November, the Associated Press reports.

Heller spoke to reporters after signing papers at the courthouse in New York on Monday during Lohan's scheduled misdemeanor assault hearing, which was actually postponed. The actress was not required to attend Monday's scheduled hearing.

David Bookstaver, the Office of Court Administration spokesman, also confirmed that a criminal complaint had yet to be filed.



Lohan, 26, was arrested and charged with third-degree assault following an altercation with a woman on Nov. 29. At the time, Heller said Lohan was "a victim of someone trying to capture their 15 minutes of fame."

Last month, Los Angeles Superior Court Commissioner Jane Godfrey revoked Lohan's probation – a formality whenever there's an allegation of a violation – in a necklace-theft case.

With three misdemeanors, Lohan's next court appearance, set for Jan. 15, may determine whether the actress could go to jail for up to 245 days.