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LAKE PLACID - Village Justice Margaret Doran has refused to dismiss felony charges against a Russian figure skater accused of stealing a car and driving drunk, complicating his plan to return home today.

Andrei Lutai, 23, of St. Petersburg, Russia, appeared in village court late Thursday afternoon for a felony hearing.

Lutai was arrested Sunday night after he allegedly stole a Chevy Impala from Central Garage on Main Street and drove the vehicle while intoxicated. He spent three days in the Essex County Jail before he was released of his own recognizance Wednesday night.

Lutai's attorney, Brian Barrett of Lake Placid, asked Doran to dismiss the two felony charges his client is facing - third-degree grand larceny and third-degree criminal possession of stolen property. Barrett also provided the judge with an affidavit from Central Garage owner Jerry Strack, who's asking prosecutors to abandon any charges against Lutai stemming from the alleged theft of the vehicle.

But Doran said she hadn't received a motion to reduce, withdraw or dismiss the felony charges from Essex County District Attorney Julie Garcia. Complicating matters further, no one from the district attorney's office showed up for the hearing.

Barrett said he had a conversation with Assistant District Attorney Brian Felton earlier in the day and was told prosecutors would not be attending the court session, which he interpreted as meaning they would not be pursuing the felony counts.

Barrett said Doran has the discretion to dismiss the felony complaints. Prosecutors could levy those charges against Lutai again at a later date, he said.

"He's served more jail time than any of my clients on a first-time DWI ever has before," Barrett said. "This is going to pose an extraordinary problem if the felony complaints are not dismissed."

With the felonies still pending, Barrett said Lutai may not be able to leave the country as he had planned to do today.

"An Immigrations and Customs Enforcement detainer would be placed on him," Barrett told the judge. "He'll be taken into immigration custody. He'll be taken to the Batavia Federal Detention Center and it's my experience in dealing with them down there, it is very draconious."

Doran said she was in a "very awkward position," but refused to dismiss the felony charges against Lutai without a motion from the DA's Office.

"I believe the courts' hands are tied," Doran said. "I cannot reduce the felony charges."

Lutai, an Olympic hopeful who was in Lake Placid to compete in this past weekend's Skate America event, is also facing misdemeanor counts of aggravated driving while intoxicated and unauthorized use of a motor vehicle.

After the hearing was adjourned, Barrett said Lutai could try to leave the country but said federal immigration officials could place a detention hold on him.

"I'm hopeful they won't do that," he said.

Barrett also targeted Garcia, saying she was distracted and upset because she just lost her re-election bid.

"She just doesn't want to participate in the proceedings and she's working actively to jam this client up, which is an extreme disappointment to me and other individuals in Lake Placid and Essex County," Barrett said. "This is an absolute abuse of process, and embarrassing that the district attorney would do this."

Garcia said she was "still in the process of evaluating the case" and had no additional comment on the charges against Lutai.

Asked to respond to Barrett's allegations, Garcia said the case is being handled like any other case.

"I think Mr. Barrett's comments are unfair and unprofessional, and I'm really disappointed he would say such a thing," she said.