"Today, yes," Lohan answered.

Sautner approved the switch to Heller, a New York lawyer for 44 years -- with the exception of a five-year suspension from practicing law for bar rules violations.

"This is not the most complex case we've ever seen," Sautner said.

But it could send Lohan to jail again. Sautner warned her a year ago that any violation of the law could mean she would have to serve 245 days in jail -- the remainder of her suspended sentence from a shoplifting conviction.

While critics have panned Lohan's recent dramatic appearances as an actress -- her recent portrayal of Elizabeth Taylor is exhibit A -- defendant Lohan has consistently delivered drama.

She caught a late flight from New York Tuesday night to be in Los Angeles for court Wednesday morning despite sending a doctor's note that said she was took sick to travel.

"Glad to see you're feeling better," Judge Sautner told Lohan.

"Thank you," Lohan replied.

Heller told the judge that her doctor diagnosed an upper respiratory condition. "In New York, it's the flu," he said.

"No, it isn't," said Sautner, who was an NYPD detective in a previous career. "The flu is the flu."

Still, the judge overlooked the issue, even saying that Lohan does not have to attend future hearings or even the trial since it is misdemeanor case.

Lohan proved she can still draw a crowd of paparazzi to court. Dozens of photographers captured her walk from the limo into the courthouse. And she was dressed appropriately for a media event, wearing a Chanel dress and her traditional red-soled Louboutin stilettos.

"She will rise to the occasion and I think she'll be fine," Heller told reporters.