Kazenga LuaLua's mental state will be assessed by Brighton before being selected with his court case still to be concluded.
The 21-year-old winger was charged with affray after allegations he was involved in a fight in June last year in Newcastle.
However, Brighton boss Gus Poyet is unsure whether to include the player who joined the Seagulls from the Magpies, following the news that the jury at Newcastle Crown Court had failed to reach a verdict.
And with the court not considering LuaLua's case again for another two weeks, Poyet told The Argus: "He trained on Wednesday and we will see how he is, how he is feeling, mentally especially.
"Maybe he has got a chance, who knows, depending on the quantity of players, how we plan the game and a few things, but especially the mental side is going to be the most important one."
With Brighton heading to on-song Crystal Palace on Saturday, Poyet is confident of having former England left-back Wayne Bridge available after calf trouble.