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Lindsay's Lawyer: Grand Theft, My A**!

2/13/2011 11:00 AM PST BY TMZ STAFF

Lindsay Lohan's lawyer says her client is innocent -- but that aside, the necklace in question isn't valuable enough to trigger a felony grand theft charge.

Shawn Holley (no longer Shawn Chapman Holley) tells TMZ, "We intend to challenge the prosecution's case because the truth is, Ms. Lohan didn't steal anything.  But even if she had, it seems to me that the appropriate charge, based on the fair market value of the goods, should have been petty theft and not grand theft."

TMZ broke the story ... various Los Angeles jewelers believe the necklace Lindsay allegedly stole isn't worth nearly the $2,500 Kamofie & Company was asking. Under California law, the item in question must have a "fair market value" of more than $950 to constitute grand theft. The jewelers we spoke with said the fair market value ranged between $800 and $1,000. If the value is $950 or less, it would be petty theft, a misdemeanor punishable by six months in jail, rather than one year in prison.

There have been countless cases in which people charged with grand theft successfully defended themselves by asserting that prosecutors overinflated the fair market value of the item that was allegedly stolen.

As Holley put it, "A $5 lump of coal with a $2,500 price tag is still a $5 lump of coal."


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Well, the arm chair defense lawyers that work for TMZ can be so proud.

WTF are they doing here? My God, this is really out of line. They need to stop this attacking for a few days and then swinging around and doing crap like this.

1349 days ago


Total BS!

Prepared for a slew of appeals California!

Lindsey is GUILTY and if this skank gets off again people will never forgive her. Funny no comments yet and the votes are stacked in her favor.

Team Lohan and their google alerts.

1349 days ago


It doesn't matter. It was still not paid for.

Lohan had a dress on that is no more than 20 bucks of material and elastic. Valued at 600 dollars.

1349 days ago


Keep this up Shawn. People felt sorry for you but you are have no integrity.

Again Lindsay's Leggings are then worth $2.99.

She's also going to try to sell America Handbags and shoes. Better not charge more than fair market value.

1349 days ago


its weird how some find it worthwhile to carry distorted veiws of whats more than evident in reality while manipulating the two to suit its own version of what it wants to control the lack thereof ----

1349 days ago


One last thing. This is a defense that won't ever float. Lindsay KNEW the price of the necklace when she stole it. If somebody steals it, they are going to be arrested for grand theft because of the price it was being sold for.

Game, set and match. This silly lawyers that work here at TMZ better keep their day jobs. Honestly, it really sickens me the way they operate here. They build the case against the celeb and then all of a sudden switch to offering up some silly baseless defense.

I'm very close to leaving this website for good because of it.

1349 days ago


Darn GF's and I were planning a 'Lilo's finally going to Jail Party!!!!'

I will be so DISGUSTED if the value of the necklace is not assessed properly. It was hand made with hand cut diamonds.

Tiffany's and Neiman's watch out all your future shoplifters will only get a charge of Petty Theft. All jewelers should beware of this, it does not work in your favor.

1349 days ago


well done Shawn Holley

now, about that polaski guy , any news? do they work on the case or just concentrate on young girls and their moods (which is obviously easier, I know.. but that polanski guy is a real criminal..just saying... ya know..)

1349 days ago


if i walked into that boutique and walked out with the necklace and did not pay, i would be arrested, i would be charged with larceny. Why special favors for this notorious above the law criminal??? The necklace has a market value of what the gold and the diamonds cost but what about the designers time and effort??? If she gets off there is no justice in the justice system and as someone said earlier in this thread, "Tiffany's and Neiman's watch out all your future shoplifters will only get a charge of petty theft".

1349 days ago


That picture of Lindsay in 2016 are would be funny if she already didn't look like that between visits to the plastic surgeon. What about the duck lips Harvey?

Harvey, so disappointed in you. I didn't think you would let the Lohards buy you off. Guess the site traffic would go down too much with her lengthy incarceration.

Hopefully this will not work and the DA gets the best experts and appraisers out there and proves it meets the criteria for a felony.

Lindsay will never redeem herself after this in many peoples eyes. She may have avoided the felony conviction but she'd done in hollywood and toxic to america. Noone wants to touch her not Superman, not XFactor no one.

Dina still waiting for that $ post jail interview you promised us?

California this is a very bad precedent to set, you are going to be flooded with appeals and only rightly so.

She cased the joint, distracted them with the ring,
After all the mud they have thrown at the jeweler and designer of the piece I hope their communities rally around them and defend the fair market value of the item.

It is a work of art, very, very tricky territory to enter so I hope this does not slide.

I really hate her family and team now. Their tricks, slander, publicity hounding, everything. May all they touch crumble into a pile of ****.

Too many other talented actresses out there without the baggage. They threaten to sue and try to sue anyone who crosses them. Beware.

Prior victims including merchants and individuals she has stolen from repeatedly in the past, I hope you contact the DA with your supporting material and put a stop to this woman and make certain she ends of with the one title she deserves and has deserved for years 'convicted felon', just like dear old Dad.


1349 days ago

john smith    


1349 days ago

Ivan in Phoenix    

Based your logic Shawn, what should LiLo have paid for her dress that she wore to court? What about a painting? Are they really only worth the cost of materials? Only if the paints were still in their containers, silly lawyer. Once something is made into art, or jewelry in this case, it is worth what the artist asks for it or what they are willing to accept from a buyer. If something isn't selling, they will lower the price until it does, and value is never determined by the thief that stole it if they have to go to court.

1349 days ago


Shawn 'real deal' Holley will prevail...That A.D.A. that looks like Morgan Freeman is reaching on this...Grow some hair biatch and have a case next time Danette. NO WAY Morgan Freeman is elected after this farce. That necklace was hand made junk and I hope Kamofie goes Chapter 11...or 13!!!

1349 days ago


When your lawyer want's to dump you as a client but the judge wouldn't let her.

Gotta give Holley credit. She is defending Lohan to the best of her ability. Lohan is still not giving her any help. Holley can only do so much.

1349 days ago

john smith    

Lindsay looks great by the way, very healthy happy and beautiful!!!

1349 days ago
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