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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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31.

Sad sad    

See. This whole thing needs to be tossed in the trash.

1294 days ago
32.

dimes    

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

Posted at 2:02 AM on Feb 13, 2011 by Rocco


Nicely played.

1294 days ago
33.

Sad sad    

Rocco they should LOL

1294 days ago
34.

john smith    

@ADA Danetta Myers..I know that you mostly deal with murder cases and that you are very busy with Lindsay's case, so I wanted to let you know that the 4th victim of that shooting Friday in the South Central area of Willowbrook Los Angeles died today. So when your finished with Lindsay case in a few months take a look at that quadruple murder, all 20 something males at a backyard party......

1294 days ago
35.

john smith    

wow @31 you sound like Li Lo

1294 days ago
36.

janet    

Holley is doing her job and so is Myers.

Lohan is still pulling the I can do what ever I want crap...my lawyer will get me out of it. So far its worked.

Holley can only do so much.

Not to worry. Should Lohan not get her way, it will be Holleys fault. That wouldn't be the first time Holley was blamed.

1294 days ago
37.

Preserve the Tiger    

The price tag was $2,500; she knew that when she stole, yes STOLE, it. All jewelry stores raise prices regardless of the true value of the item; that's the way they get rich! She should be prosecuted for GRAND THEFT! She has gotten away with every wrong she has done; it's time she pays in jail/prison!

Also, the designer was "flattered." Flattered that someone would break the law for a piece of jewelry? What happened to values! That's a rhetorical question because I know the answer; it's evident by people's actions!

1294 days ago
38.

Kelly    


Why is it no longer Shawn Chapman Holley?
What did I miss?

1294 days ago
39.

Lynn M    

Well, since none of the so called TMZ jeweler experts examined the necklace, it is only a guess as to fair market value. It seems we have only seen the back of the necklace. and my guess is the front may be where the weight is. Plus, Lindsay liked it well enough to allegedly steal it. and , so far, most of what she has allegedly stolen in the past was high value items.

BTW- If anyone over-valued the necklace, it was the jewelry store, NOT the prosecutors. Besides, any appraiser worth their salt would have refused to comment on this story, lest he/she be called upon to appraise the item for the court. Remember, an appraisal is at best an educated guess. The market is actually determined by shoppers and what they are willing to pay.

Generally, the mark up is at least 100% of WHOLESALE. That way they can run 50% off sales and still make money. I've been looking for a ring for some time and believe me, its not hard to get in excess of $950 very quickly, especially when gold and diamonds are the materials. You start adding tiny diamonds and the price shoots up dramatically.

I wonder if the store has sold similar pieces from the same designer, recently. If so, it doesn't really matter as much what it appraises for.

Bottom line, I figured Holley would find some angle to let Lindsay slink away from this. But even if the charge is a misdemeanor, if she's found guilty, she's got major problems in regard to her other cases.

The fact they called "cheap" and "dime a dozen" tells me those particular appraisers (or sales people?) should recuse themselves if ask as their comments show a bias.

1294 days ago
40.

susan    

I have a feeling Shawn will take this to trial. We haven't heard Lindsays version yet, all we've heard are so called sources. I for one never believe what sources say, its a way for gossip websites to stir the pot, they swing one way and then another and its all for hits on their site.

Plea bargins happen everyday, Lindsay lohan is no exception. My opinion is Shawn will try to have the charge down graded then go to trial. When this goes to court, this case should be judged on the EVIDENCE and the evidence alone. From what has been quoted from the police report (evidence) the jeweler has been inconsistent and will have some serious questions to answer.

1294 days ago
41.

lisa2    

Talk amongst yourselves all you want, enjoy the time off.


She's going to jail no matter what for the VOP.

I hope a whole bunch of thieves get their cases overturned and may Karma bite Blohan in her ducklips.

1294 days ago
42.

lisa2    

Oh, and I still think the DA will be able to make the felony charge stick.

1294 days ago
43.

JAMES LAKOVISH    

Lindsay does not need a good defense lawyer, just needs to send a box of KFC AND A FEW BANANAS TO THE RIGHT PERSON, ---CASE CLOSED

1294 days ago
44.

Grandma Cracker    

Lindsey's only commitment to sobriety is probation related. When she has no more probation she'll be right back to using. Even Nicole admits this and Sitting Bull too. If that happens things are going to get real colorful real fast. You would think those that love her would recognize this, but I guess not.

1294 days ago
45.

janet    

Lohans attitude is still I'll do whatever I want, my lawyer will get me out of it.

1294 days ago
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