Downey Jr. Case Likely Headed to Trial

March 16 -- The case of award-winning actor Robert Downey Jr.'s Nov. 25 drug bust will likely go to trial.

Lawyers for the troubled actor told a California judge yesterday that they have been unable to reach a plea agreement with prosecutors on the drug possession charges against their client. Downey now faces a trial in which he could go to jail for almost five years if convicted.

Superior Court Judge B.J. Bjork set a preliminary hearing date for April 30, at which Downey must appear. The 35-year-old actor was not in court Thursday for the brief hearing regarding his arrest at a Palm Springs resort hotel last November. Police allegedly found cocaine and the prescription drug Valium in his room.

Outside the court, Downey's lawyer, Daniel Brookman, indicated to reporters that efforts to reach a plea bargain failed on the question of whether Downey should be returned to jail.

Brookman said prosecutors "have made an offer that does call for some sort of restraint on Mr. Downey's freedom." That's not good news for the producers of the Fox series Ally McBeal, who have signed Downey to an 11-episode contract.

Since his August release after a year-long jail term, Downey has been awarded Golden Globe and Screen Actors Guild awards for his work on the Fox sitcom.

His drug arrest took place over Thanksgiving weekend, when the actor was reportedly despondent about being away from his son and his estranged wife, who has since filed for divorce.

Reuters contributed to this story.