TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

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.

0212_lindsay_lohan_shawn_chapman_holley_getty_ex
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.

0213_lindsay_lohan_necklace_x17_THIN_2
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

No Avatar
16.

sam    

WHAT VALUE ARE THEY GOING TO ATTACH TO THE 'ART' INVOLVED???

The Lohan's may try this tactic but I sincerely hope they don't succeed.

Still Disgusted.

Remember America Shawn Ch. Holley worked to ensure the freedom of a MURDERER. She has no ethics, none. Hope she is saddled with Lindsay for the next 15 years. Remember how she wanted off the case but NO OTHER LAWYERS would touch Lindsay. Lol Karma will be a beyotch for you.

1293 days ago
17.

who dat    

Linds should use the same explanation when Holley sends the inflated fee for her legal services. Im sure some other hack lawyer(s) will explain how Holley over prices her legal representation.

1293 days ago
18.

tiredofthisho    

Lilo may be off the hook for now but those duck lips are still a felony where I'm from!!

http://www.themediajerk.com/


@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@


LOLZ!!!!


I may be tired of this ho but, have to admit as a butt of jokes she's the best ;)

1293 days ago
19.

Sheeple Herder    

These businesses and others should know that when you deal with a Lohan and are screwed over by them, you will go from victim to perp. The victim is made into the criminal. Justice my azz!

1293 days ago
20.

aurel    

I am not a fan of this girls activity or whatever talent or sexiness she may have,,,,, but this cops over there are dogs shamefully DOGS!

1293 days ago
21.

Bob    

I think they should throw the book at her. She needs a taste of a real prison sentence. I am tired of hearing all of these celebrities buying off the justice system. This is what's wrong with the world today. Bring back a strong justice system !

1293 days ago
22.

gretchen    

I don't trust these poll results.

You know team lohan has a way to manipulate them by 'electornically stuffing the ballots' don't you.

They use computer systems set up like the automatic dialers that telemarketing companies and politicians use. You can also use one computer and have a program that can change the apparent IP adress rapidly.


We'll see how much it shift by monday. Right now we are dealing with an egyptian election.

1293 days ago
23.

Phil    

So... Ummmm ... Holley... what would the price matter if your client didn't steal the necklace? It could be a million dollar necklace, it doesn't matter if she's immocent. Seems you are admitting guilt rather quickly for your supposed innocent client. And um... didn't Lindsay tell you she wasn't ever in the store at first? How can you keep up with Lindsay's lies. It's exhausting.

1293 days ago
24.

dimes    

Is this the same Shawn Holley who was quoted as saying she was going to try the case in court, not in the press?

1293 days ago
25.

lisa2    

GO DANETTE

Don't suc***b to this fake TMZ/LOHAN pressure.
The real media is on your side including commentators from CNN, Access Hwood, HLN news, Nancy Grace etc. They have a much larger audience then TMZ, much larger and more wide reaching.

You get my vote anyway but I think people will be impressed if you stand up to their tactics.

Go Danette!!!


DANETTE FOR D.A. !!!!!!!!


It's about time to Jail Blohan!

1293 days ago
26.

BoilingBleach    

"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."


Now if fair market value has to be more than $950 to constitute grand theft, would the upper level range of $1000 not constitute grand theft? Therefore making it a felony instead of a misdemeanor. And furthermore, send Lindsay to the big house for a full year like she deserves?

I thought so.

1293 days ago
27.

T,O    

petty yes lilo needs to learn she can't have what she wants a child stars is attitude acting like she is on a movie set keep it clean lilo

1293 days ago
28.

Rocco    

Will they charge the jewelers with grand theft for trying to sell a $900 necklace for $2500 ?

1293 days ago
29.

Xana    

This is stuff people usually say but if it were anyone else, they would be on their way to prison. While on one hand, I think she should do time. But then when you think about it, for all the effort, tax money, time, policework involved, is it really worth it? Because in our hearts we all know she will not get any kind of meaningful sentencing, not with her lawyer anyway. It'll likely be served in jail, which means she will likely get out early. So all that work for maybe 20 minutes/20 days in jail that will not have a lasting impact on her?

That being said, she has been pushing her luck so there's a good chance there will be some real justice at some point if she keeps this up. But I just don't know if she is worth all the time and money and it's making me begin to question the way CA works, because there's definitely worse criminals out there. As far as I can tell, she's not the same role model she used to be since most media about her is negative. All you hear about on the internet is people tearing her apart. She certainly did that to herself and in some ways, I think it's justice served that she's become a joke.

I understand some people want her to go down, but to keep putting so much emphasis on getting her locked away may end up having the opposite effect of keeping her relevant. Personally, I read the facts and leave it at that.... the girl has issues and she's certainly a headache as far as the CA justice system is concerned. If she goes to prison, I will be impressed, but I doubt that will be the case with her status and legal representation.

1293 days ago
30.

learnmachine    

My question is this Shawn.

Are you and Linds an item? Cause you know, she has no money left, she is broke. On top of that she owes large chunks of money to almost every LA night club. So why the f are you giving her pro bono? She is a has been, she. according to my sources the only one who is barely interested in your client is Quentin Tarantino, and even he is considering on bringing Mischa Barton in Machete. Translation-No money for you, and you are known in Hollywood as one of the best lawyers. I think you should be ashamed of yourself for defending this has been, who in fact committed a crime.

1293 days ago
Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | 6 | 7 | Most Recent | Next 15 Comments

Around The Web