Actress Lindsay Lohan is expected in court Thursday to tell the judge of her choice between accepting the terms of a plea deal or taking her chances and go to a trial for the felony grand theft filed against her by the Los Angeles District Attorney’s office.

If the actress chooses to enter plea deal, the Associated Press said that it is highly likely that Lohan will spend the night in jail.

With the surveillance video showing the actress leaving the store with no one running after her, even the store clerk who entertained her and her friend, will the embattled have chances if she entered not guilty and go through the process of contesting the felony grand theft charges?

When convicted of the grand theft charges, Lohan is facing three years in prison.

CBS News Legal Analyst, Jack Ford noted that the fact that Lindsay Lohan as a celebrity could be used as an avenue by Lindsay Lohan’s lawyer, who could argue that Lohan could have mistaken thinking she was allowed to leave the store wearing it.

Noting how common for any store personnel, maybe not a manager, to offer their product or services to celebrities like Lindsay Lohan and this could have given the embattled actress the wrong signal.

“In cases like this, criminal intent is important. Maybe she was under the impression it was okay for her to take it and she wasn’t engage in stealing something,” CBS News Legal Analyst, Jack Ford said in an interview posted on YouTube.

“Entertainment Tonight” leaving the storing smiling and the Associated Press noted that the store clerk was opening the door when she walked out of the store.

According to VertexNews.com the preliminary hearing date will be calendared at the proceedings at the Los Angeles Airport Branch Courthouse, scheduled to begin at 8:30 am, tomorrow.