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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.

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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.

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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."

540 COMMENTS

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136.

normal person    

Hey Soetoro Knowing that your an admitted Charlie Sheen syncophant tells a lot about your values. Hater

1243 days ago
137.

Bubbles The Chimp    

Harvey should be ashamed of himself for even focusing on this ridiculous defence. I do not consider him a great lawyer at all if he thinks this defence is genius... more of a 'wannabe'. First off, imagine the precedence a judge would set in the US if he agreed to this rubbish. All of a sudden every item in the US market is devalued to what the US pays China/Mexico for their production. Nice way to destroy the fragile US economy, TMZ idiots.

Harvey, there is a reason you are not a great USA lawyer. This proves it. You are a typical 'let's bend the laws for CA celebs' fool.... And people wonder why CA is in the toilet.

1243 days ago
138.

Soetoro    

Amy, I think I was attempting to use hate as a noun, while it was strange sentence with potential syntax issues using haters wouldn't help things as thats just a plural right?

1243 days ago
139.

ilovegossip    

Shawn Holley's statement that "A $5 lump of coal with a $2,500 price tag is still a $5 lump of coal." Is actually wrong, and I'm surprised she would say something so wrong.

Take that lump of coal, and draw a smiley face on it, and it is now art, and is worth what someone is willing to pay for it. It is no longer a $5 lump of coal.

She looks like a fool saying that. So long defense. You're going to need a better one than that...

1243 days ago
140.

Rose5491    

Harvey Levin graduated from law school and probably passed a bar exam many decades ago.

But I don't believe he has ever been a practicing attorney...

He's showbiz through and through...... big difference.

1243 days ago
141.

Chris    

A THIEF is a THIEF if they still a $5.00 lump of coal or a $2500 lump of coal Mill Holley!!!!!
She is a THIEF and our dollars are sick of paying for her skank @ss!!

1243 days ago
142.

Rose5491    

Shawn Holley's statement that "A $5 lump of coal with a $2,500 price tag is still a $5 lump of coal." Is actually wrong, and I'm surprised she would say something so wrong.

Take that lump of coal, and draw a smiley face on it, and it is now art, and is worth what someone is willing to pay for it. It is no longer a $5 lump of coal.

She looks like a fool saying that. So long defense. You're going to need a better one than that...

Posted at 6:46 AM on Feb 13, 2011 by ilovegossip
------------------------


Exactly.... your post reminded me of Pet Rocks !!! Let's bring them back.... lol

1243 days ago
143.

Soetoro    

NP,

Im a Charlie Sheen syncophant? Huh, I think you mean sycophant, and I only mentioned him once in reply to someone bashing him. We met a decade ago, don't really know each other and all I said was the guy was rally nice from what little time I spent with him. Whatever, put the online thesaurus away.

1243 days ago
144.

Demitri    

Lindsey automatically goes to jail in a the Kagaroo Courts of California. If this is not true, why would a judge ever set bail at 40,000 for a 2000 necklaces in the first place?

FACT: California has bankrupted itself putting the mentally ill and innocent people in jail.

FACT: The USA has more people in prison per ca pita than any other country on the planet including North Korea.

FACT: Being poor, black or Hispanic in California is a felony offense. If this is not true, than why are statistics of against the poor and minorities carrying felony convictions so skewed?


Why not save taxpayer money having Lindsey putting in 100 hours of community service? Why not order Lindsey get competent mental health treatment? Obviously, she is mentally ill.

No! No! No! That would be too easy.....

1243 days ago
145.

Soetoro    

NP,

To make sure I was right I jut googled syncophant as I truly didn't recognize it. Here's what popped up.


A misspelling of the word "sycophant" used by ignorant ghetto people and neocon morons.

1243 days ago
146.

Rose5491    

lolololol...

okay... you just made me spew coffee on my monitor....

time to go do something constructive....

later....

1243 days ago
147.

www.TheHollywoodSentinel.com    

If an airline has a seat on a flight for sale for $500 dollars on the day before a holiday, but that seat normally sells for just $200 dollars, then what is the seat worth? The amount it normally sells for, or the amount the airline says it is worth? In this pseudo capitalist society, the buyer determines price and their value as owner of the goods or services of that price is contingent upon 1, what the market will pay, and 2, what any insurance the goods or services may be insured for.

Notwithstanding all of that, as one who deals with stars, many people, and yes, even at times establishments attempt to unethically create allegations that simply do not exist when and where a star is involved and comes near them, simply to get media attention, to attempt to rob their bank account, or both.

This company did not even attempt to speak with Ms. Lohan's team over an obvious misunderstanding, as Ms. Lohan- a very talented young actress who has feelings like the rest of you - is not a thief. Lindsay Lohan, who is followed and photographed in nearly her every move outdoors, is often given - for the sake of her safety and the safety of others, different treatment by establishments whereby she has an expense account and pays for items like credit, on a billable cycle at a later date, but allowing more speed to avoid mobs so as to avoid closing stores. This is standard with stars. Lindsay will overcome this nonsense. As for the store? Never heard of em.'

www.TheHollywoodSentinel.com

1243 days ago
148.

normal person    

Hey Soeroto there a new thread and they are bashing Charlie you better change threads and defend your gentleman friend. Charlie Sheen a gentleman I don't think so Soeroto.

1243 days ago
149.

David    

ShowYouKnowIt.com -- the ONLY prediction website on the Internet predicts: http://www.showyouknowit.com/prediction/prediction-i-predict-lindsay-lohan-makes-no-jail-plea-bargan

1243 days ago
150.

Sloane    

next they'll say that the necklace had been in the showcase for a while occupying space and nobody was buying it

LINDSAY ACTUALLY DID THE STORE OWNER A FAVOR BY TAKING IT

CRIME.....WHAT CRIME.....

it's going from ridiculous to absurd!!

1243 days ago
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