Attorney Mark Jay Heller spoke after signing paperwork at the courthouse Monday, saying he's been told the prosecutor's office is still investigating.
Office of Court Administration spokesman David Bookstaver confirmed that a criminal complaint has not been drawn up at this time.
The actress is accused of sucker-punching a woman in the VIP section of the Avenue nightclub on November 29. The 26-year-old is charged with misdemeanor assault, accused of hitting Tiffany Mitchell.
Mitchell, a palm reader from Palm Beach, Florida, has hired high-profile attorney Gloria Allred to represent her. Allred wouldn't say if they were planning a lawsuit, only that their attention was focused on this criminal case.
Lohan denies the assault. At the time of her arrest, Heller said Lohan was "a victim of someone trying to capture their 15 minutes of fame."
Lohan will back in a California court next week for a probation violation hearing.
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