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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

No Avatar
436.

anyjoe    

Hers a question, answer it honestly if you can. Please do answer with "that would never happen" or "it does not exist", that is not the point.

if you found a recording of the conversation between the store sales person and Lindsey and on the recording the sales person agreed to allow Lindsey to take the necklace home overnight to see how it went with some outfit what would you do?

Would you turn it over to the police? Would you give it to Holly? Would you give it to the store? Would you sell it to TMZ? Would you destroy it?

Please explain why.

1317 days ago
437.

anyjoe    

he sorry should have said Please DO NOT answer with "that would never happen" or "it does not exist", that is not the point.

1317 days ago
438.

Orian    

by---, You really need to put the pipe down bubba.

1317 days ago
439.

Davey Boy    

LEAVE LINDSAY ALONE!! She's finally off the drugs and alcohol. This necklace thing was just a hiccup while she's getting it together. leeeeve her aloooone.

Posted at 3:09 PM on Feb 13, 2011 by dolphin
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This guy sounds like the tool on YouTube who pleaded, "Leave Britney Alone!" Remember that clown?

1317 days ago
440.

Dylan    

Davey Boy

That guy was a real clown, I mean a real one!

1317 days ago
441.

Sloane    

would be interested in seeing an actual photo of the necklace

all we see here is the clasp since it's on backwards

1317 days ago
442.

john smith    

@443 It sounds like with this weak case, Ms Holley is gonna whip ADA Danetta Myers ass in court 1st round KO!!!

1317 days ago
443.

---    

anyjoe (are you michael)???? It is not a relevant question, what you are doing is a diversionary tactic. Sort of what LL was trying to do when she tweeted about Egypt. Makes just about as much sense, meaning Zero.

1317 days ago
444.

Soetoro    

John Smith,

Have you ever said something mildly entertaining in your life? You should be arrested by the internet police for the dissemination of pure boredom.

1317 days ago
445.

Davey Boy    

Danette should be fired for wasting tax payers money,its no wonder the state of Cali is bankrupt. The owners of the jewlery store didnt want Lindsay arrested. The DA is doing this for two things one she hates Lindsay and two she wants to be elected. Im sure there are real crimminals who she should be going after.

Posted at 3:28 PM on Feb 13, 2011 by kate
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Spoken like a true Lohan alias. Your typical, tired, and used-up tactics of deflection.

How about this boys 'n girls. California is bankrupt, they're wasting taxpayer money to go after a klepto, the DA hates Lindsay and is a closet racist (not), and there are REAL criminals to go after.

Let's just forget that Lindsay Lohan stole a fur coat, stole a necklace, and countless other thefts because...

There are real problems in California.

Is this about right, Lohan family?

1317 days ago
446.

sean    

Still waiting for the Other photos of Lindsay wearing the stolen necklace and not trying to hide it??

1317 days ago
447.

Soetoro    

Davey Boy,

I think the clown show tried to claim the decriminalization of grand theft in California was going to be good for society. If nothing else, it would get them voted into office in Compton.

1317 days ago
448.

anyjoe    

@458
no, I am not michael, or anyone else associated with Lindsey or anyone else involved in this case. I just think it would be an interesting question to throw out there and see what kind of reaction it got.

here it is again (corrected for typos this time)

Here is a question, answer it honestly if you can. Please do not answer with "that would never happen" or "it does not exist", that is not the point.

if you found a recording of the conversation between the store sales person and Lindsey and on the recording the sales person agreed to allow Lindsey to take the necklace home overnight to see how it went with some outfit what would you do?

Would you turn it over to the police? Would you give it to Holly? Would you give it to the store? Would you sell it to TMZ? Would you destroy it?

Please explain why.

1317 days ago
449.

Davey Boy    

@443 It sounds like with this weak case, Ms Holley is gonna whip ADA Danetta Myers ass in court 1st round KO!!!

Posted at 3:48 PM on Feb 13, 2011 by john smith
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Michael, sounds like you've been sipping either some koolaid or some tequila. Hic-up!

1317 days ago
450.

Ball`s has no Ball`s    

I hope for humanity's sake that Sitting Bull is not Michael Lohan because he says some creepy things about the girl and how she looks. Whoever that is tugs it to her in the shower in the morning 100%, so lets all prey thats not a family member.

Posted at 3:08 PM on Feb 13, 2011 by Soetoro
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I laughed so hard I scared my cat. Could be Michael. Look at how creepy Jessica Simpson's pop is. Could easily run in these weirdo families.


michael did her that`s why she`s so f`d up,think about it......

1317 days ago
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