NEW YORK (CBSMiami/AP) — Lindsay Lohan’s attorney predicts there will be no case against the actress in connection with an alleged fight at a Manhattan nightclub.

Attorney Mark Jay Heller spoke after signing paperwork at the courthouse Monday.

“It has been determined that the criminal prosecution is not ready to proceed,” said Heller.

Office of Court Administration spokesman David Bookstaver confirmed that a criminal complaint has not been drawn up at this time. The district attorney’s office said only that the investigation is continuing.

Lohan was arrested on a charge of misdemeanor assault in the Nov. 29 incident at the club Avenue.

The “Mean Girls” and “Liz and Dick” star allegedly struck 28-year-old Tiffany Mitchell in the face during an argument.

At the time of her arrest, her attorney, Heller said Lohan was “a victim of someone trying to capture their 15 minutes of fame.”

Lohan did not show up here at the court house because  the district attorney’s office has not  filed a criminal complaint.  It will be a few weeks before the D.A’s office decides whether to proceed with criminal charges.

The nightclub incident is one of several legal problems Lohan is facing. She has a hearing in California next week to determine whether she violated her probation in connection with a car crash last summer.  She is accused of slamming her Porsche into the back of a truck and could be charged with reckless driving and lying to police.

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