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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

No Avatar
46.

Stacy    

Haha Bad publicity for the store...their junk is overpriced ! They're ripping people off ! Buy your jewelry elsewhere !

1257 days ago
47.

Olivia3100    

The woman stole!!! The necklace seemed over priced to me but it's California. But the only point that seems to be getting lost is the woman stole! She does it all the time but blames it on blondeness. THE WOMAN STOLE! THE WOMAN STEALS! The woman wants to be innocent of all charges all the time. THE WOMAN STOLE!!! The woman steals!!

1257 days ago
48.

Angel    

Lindsay should be in jail, but

damn...

what Jewbags, so to speak I could tell from first pic that necklace is worth about 300.-400. max, stores jack up prices and it is sickening. highway robbery.
And it absolutely DOES make a difference, from a misdemeanor to a felony

You all do not understand what a "law" is, and what it entails. Educate yourselves.

She is guilty, nevertheless.

1257 days ago
49.

learnmachine    

So I asked my lawyer about this matter and he "LOL" then he fell on the floor and "LOL" harder, then he apologized to me and chuckled. Moments after that he explained to me. "There is no way this has been can use the price for a defense." She could if she had a clean record, but she does not have it."

So my question is this.
WTF does this article even mean, TMZ **** headz?

1257 days ago
50.

Icey    

Jesus TMZ enough with the Lohan crap! I came back because it has been how many days since her trial? I thought maybe you guys had layed off for awhile, guess not. It's old already.

1257 days ago
51.

Angel    

# 42 EXACTLY


a smart person on here this morning! I'd hate to see these people in court if it was a murder trial, they all expect for her to confess...lol

that would be stupid. Fight for your life. I fought 4 felonies against a cop and won , grand jury dropped all charges as I plead with them through my atty. They were trumped up bs charges. 4 felonies I beat..FIGHT! guilty or innocent...you fight, it is a game.

1257 days ago
52.

Soetoro    

Interesting defense tactic. Now she's admitting she stole it I guess?

1257 days ago
53.

Soetoro    

I think the phrase "clutching at straws" applies here.

1257 days ago
54.

luna    

LL has lucked out because jails are so crowded in California that they can't afford to lock up recreational drug users, celebrity probation violators and celebrity theives who walk a gray line of borrowed vs actual theft.

I get the impression that her poor little lost girl bit influences people to want to help her all the time. Its worked for her so far because she's still young. I doubt she'll be able to pull that off in 10 years.


Such a waste.

1257 days ago
55.

chris    

That's funny!!! If you look at it, maybe the jewelry store owner should be the one charged for theft. : ) Just kidding, throw them all in jail or rehab and let's move on to the next troubled soul. : )

1257 days ago
56.

who dat    

Tmz stop going to street vendors (who open up their jacket and have the chains hanging inside) for "fair market value" pricing. This is nothing more than Harvey rubbing Shaun Chapmans ovaries for all the info she provides to tmz.

1257 days ago
57.

Celeb Gossip Addict    

What these "experts" who have never even seen the necklace in person say is neither here nor there. One of them values it at $800 because they say there is no way there are 8 carats of diamonds in it. What would they say is the value if it is? One of them says they must be poor quality stones if the necklace is only being sold for $2500. Its just clear they don't have all the facts. Either way, the price was $2500 and that is all that matters. With that said, she still won't get the same punishment as repeat offender who is not a celeb. Regular people would be in jail already for the probation violation.

1257 days ago
58.

burning_plastic    

Listen dudes, your story makes no sense. The jeweler who said the necklace was worth $900? He first says that if it's a $2500 necklace they must be cheap stones.

So then if they are cheap stones, it's only worth $900?

No, no, no, no, no. If the he's deducing the quality based on the cost via some formula, then how can he recalculate the same formula and get the number you needed him to get for your pointless story to fool enough readers to get them to...

oh I see, you got me. I read the story, too.

1257 days ago
59.

bb    

Harvey needs to go back to Law 101. This is a stupid defense that would be laughed down in court - there is no way a piece like that http://x17online.com/gallery/view_gallery.php?gallery=llohan012711_X17&index=3
(look at similar items on the designer's site) could be bought elsewhere for under $995 after mark-up and even if it could whether it's grand theft or not depends on how much POTENTIAL PROFIT Lindsay deprived the STORE of in taking the item - not how much it might be worth in terms of weight in gold and diamonds. Could I steal a bunch of Chanel clothing and say it was only worth $100 in terms of fabric so it's a misdemenor? Lohan's best defense was actually that she just took the necklace absentmindedly - I could see that getting her a non-guilty verdict. However she botched that up by:

1)Changing her story several times - first she never had the necklace, then the store loaned it to her, then she took it by accident.

2)Being caught on security camera attempting to conceal the necklace with her clothes, other jewelry. That doesn't look absentminded to me.

3)Being photographed wearing it a few days later *head desk*.

Shawn Holley and Lindsay better start looking for a loophole to work if she wants to avoid a felony charge because she ain't getting no non-guilty verdict.

1257 days ago
60.

Rose5491    

What makes a Birkin bag worth ten grand? You charge what you can get.

Notice none of these 'jewelers' are willing to identify themselves, but they're happy to trash the designer - and the store - anonymously, and estimate the value of a necklace that none of them have actually seen.

Where did you find these people? Did you just call random jewelers from the yellow pages? Slow night?

Posted at 1:32 AM on Feb 12, 2011 by dimes
----------------------


I agree.

TMZ.... you are being stupid and patently obvious. (Do your high school dropout employees know what that means?)

You flip-flop on this case like a trout just brought out of the stream.

You attempt to give the defense leverage.

And tomorrow you will be saying that LL is definitely going to the state pen.

I love watching the train wreck that is Lindsay Lohan and her family. And I am a nice person, but they have brought ALL their troubles on themselves through their actions of lying, cheating and stealing.

Lindsay, IMHO, is guilty of felony grand theft. I hope the D.A. convicts her and sends her to jail. Hopefully then she will learn the lesson.

In the meantime TMZ - hire some reputable people and stick to the gossip "news." Even in this genre, there should be standards of integrity instead of making things up and trying to create news yourselves.

You are trashing the innocent jewelry designer and, once again, trashing the victim/jewelry store owner just to stir the pot and increase the hits to your website.

Low blow and absolutely pathetic.

After this, I'm not playing anymore until there is "real news." No more of your made up stuff...... idiots.

1257 days ago
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