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Lindsay Lohan: Bad Jewelry = Good Defense to Felony

2/12/2011 10:30 PM PST BY TMZ STAFF

Lindsay Lohan's bad taste in jewelry could be the key to her defense, because according to TMZ's research, the necklace in question may not have enough value to constitute felony grand theft.

0211_lindsay_necklace_x17online

In order to charge a defendant with a felony, the item in question must have a fair market value of more than $950.

Kamofie & Company was selling the necklace for $2,500.  But we checked with three prominent jewelers in L.A., and they claim the price tag is grossly inflated.

The jewelers asked us not to identify their stores by name, but here's their assessment of the item.  We gave them information from the necklace designer, who told TMZ it was comprised of 8.84 carats of natural, untreated yellow diamonds.

-- A Santa Monica jeweler told us the necklace is "a dime a dozen," and he wouldn't think of selling it for more than $1,000.

-- A downtown L.A. jeweler says if the item is retailing for $2,500, it means "the stone is cheap," adding, "It's most likely an industrial-type diamond, not gem quality."  He says the necklace is worth no more than $900.

-- A San Fernando Valley jeweler says, "I don't believe this necklace has 8 carats of diamonds.  It's so thin."  She says the chain would sell in the jewelry district of downtown L.A. for $800 tops -- and probably less. 

Under California law, if the necklace is worth $950 or less, Lindsay could only be charged with petty theft, a misdemeanor.  The maximum penalty is 6 months in L.A. County Jail -- and with jail overcrowding she's looking at a short stint.

If Lindsay's lawyer, Shawn Chapman Holley can convince the judge that the necklace is cheap, Lindsay could dodge the biggest bullet yet.


706 COMMENTS

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16.

Sad sad    

This was something I pointed out too. If anything this is no more than a misdemeanor imo. Curious what the store paid the lady for her necklace. That's really all they would have been out of.

1162 days ago
17.

Whodis    

Retail, not fair market.

Also, as a "one of a kind" the value is far beyond the weight of gem and gold -artistic inclusion ups the value, both fair market and retail.

Further, Lohan knew the retail/asking price before she heisted it.

Harv, ever hear of the word "overkill"?
When you start playing devil's advocate & champion to the obviously guilty, outside a court/legal representation, you ought to check yourself.
You're not educating, you're antagonizing for selfish gain/purpose.

A certain sleaze element has begun to surface and it's a big turn off.

1162 days ago
18.

susan    

I thought the USA worked on the premise of innocent until proven guilty.

1162 days ago
19.

Mizone    

Bull to the s to the h i t. By your logic I can steal a Bugatti Veyron as really it's only worth a few thousand dollars in materials, and I'll only be held accountable for fair market value!?

Stealing is stealing, and if you steal from a store, the value is based on the price it was being sold for. I've never heard a more up youra.ssicle article. Clearly you have nothing better to report on, and this good cop bad copy crap concerning Lindsey isn't winning you any favours.

I'm off to the Louvre to steal the Mona Lisa. By you asinine logic, I can have it appraised as worthless by my buddy who sleeps in the park, and really it's only a bit of paint and canvas anyway.

1162 days ago
20.

JLS    

This is TMZ's 2nd attempt to give the defense another possiblity for defending LL.

What matters is the price the item was being sold at when she took it. NOT what other jewelers in the area might agree to sell the item for.

This post is absurd in an epic way. I'm starting to wonder about these lawyers that work at TMZ.

1162 days ago
21.

Whodis    

I'm off to the Louvre to steal the Mona Lisa. By you asinine logic, I can have it appraised as worthless by my buddy who sleeps in the park, and really it's only a bit of paint and canvas anyway.

Posted at 1:51 AM on Feb 12, 2011 by Mizone

>>>>>>>>>>>>Hilarious!<<<<<<<<<<<<<<
(and to the point)

1162 days ago
22.

@markl17    

This is a stupid premise! If I steal an ipod from Best Buy that is priced at $1000, I'll be charged with a felony even if Walmart is selling the same ipod at $850. As long as the necklace was priced at $2500 when Lindsay selected the it, she was under the belief it was worth $2500. If the store overpriced it or if other stores sell it for less, it has no bearing. At the time of the theft, the store and Lindsay believed it was worth $2500.

On another note, Lindsay's game of misdirection (take off her necklaces, try on theirs, switch back & forth, etc.) is a very common method of shoplifting. This is why most jewelers will only show someone one piece at a time. Lindsay knew exactly what she was doing just like Winona Ryder. Why she did it no one will know for certain.

1162 days ago
23.

Mike    

thanks TMZ for trying to come up with anything to help Lindsy..
So then you can write about her some other time make her almost get in trouble but then do anything you can to help her out of the trouble you got her in the first place hahahaha what losers

1162 days ago
24.

Sad sad    

Zentriex Ya right. There's no way to measure that. Then one could just say it's priceless like the Hearst castle.

1162 days ago
25.

JLS    

It's very clear to me (and should be to all of you) that TMZ is playing with us here and at other times. They slap around and expose criminal activity by some celeb for days. They build it up to a ridiculous level and then all of a sudden, switch it around to offer up various legal defense choices by all of the mavin lawyers on staff. It's just incredibly apparent what the game is here.

And it nets them major foot traffic and posts. I guess from their business perspective, it's a grand scheme. As long as you have seen the game in place here...and that it has very little merit legally.

1162 days ago
26.

Mike    

oh oh oh wait a minute my next door neighbor the walmart jewler just said it was worth only 300 bucks so thts that drop the case already end of discussion hahahahah loser TMZ

1162 days ago
27.

Whodis    

I thought the USA worked on the premise of innocent until proven guilty.

Posted at 1:50 AM on Feb 12, 2011 by susan
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Susan -
The presumption of innocence, until proven guilty, is for a court of law .... NOT the public.
Nor should it be used to waive common sense/what's obvious.
Perhaps your local community college has a "You and the Law" course you could take to brush up beyond the boob tube.

1162 days ago
28.

Whodis    

Zentriex Ya right. There's no way to measure that. Then one could just say it's priceless like the Hearst castle.

Posted at 2:02 AM on Feb 12, 2011 by Sad sad
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Yes, there is -and the jewelry store had done that ("measured worth") and listed the item as such.

1162 days ago
29.

JAMES LAKOVISH    

i e-mailed shawn chapman when this story first broke and said she get the neckless appraised, no way is that ugly pieace junk worth $2500.00. and stupid are the people in that store to let some one walk out wearing a pieace of jewelry. also people have to remeber that the prosecutor is running for office and she whats all the attention and KFC SHE CAN GET

1162 days ago
30.

JLS    

Susan in this thread is Dina Lohan. She posts here under Nicole and Susan.

1162 days ago
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