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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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481.

Soetoro    

Themare,
Did you? Wow, that an amazing call. Brilliant minds think alike. Do you think put a picture of the classic Sea Hag on the cover with lilo or do you think we let Lindsay take over. I'm thinking Lindsay with the classic Sea Hag peering over her shoulder or something. You know, something that will really POP when you walk into Boarders and see a wall of them.

1159 days ago
482.

anyjoe    

I can't say if she out right stole it or not because I don't know. But I can say that if she did not out right steal it than she did at the very least not return it and was unresponsive to the store. One thing is sure, her actions are responsible for the mess she is in. So whats the difference in these two possibilities? Well if she stole it like most people believe she has been properly charged. If she borrowed it and did not return it than It would be a matter for civil court.

1159 days ago
483.

Dylan    

I don't believe it is a coincidence that the girl's in my neighborhood dress a lot like Lindsay.

1159 days ago
484.

Cherie    

I don't get...Robert Downey Jr. served six months in jail before. And I believe Wesley Snipes in currently behind bars right now...How is it that this girl gets to do whatever she wants: goes on a coke & alcohol fueled high-speed chase, steals, has multiple DUIs, violates her probation...

WHAT DOES THIS SOCIETAL DELINQUENT HAVE TO DO TO BE HELD ACCOUNTABLE??

1159 days ago
485.

Cherie    

HaHaHa...I like the term "Sea Hag" for her...funny!

1159 days ago
486.

Soetoro    

Themare,
You know Sea Hag was an arch enemy of Popeye so we are going to need a Popeye like character to play the good guy. But remember, popeye coud never attack her because she was a girl. Hag always took advantage of that. We will use that as a metaphor for Lindsay taking advantage of the world that was given to her. She was a voodoo witch or something so this should be an easy transition into LIlo. I gotta get the first chapter together and preview it here. If anyone has any thoughts hit me up.

1159 days ago
487.

B    

Come to think of it... Anyone else tired of paying the price things are marked for these days? Clearly everything is overpriced in one way or another. Lets all go take what we want and use the Lindsay defense. We will all call Shawn Holley and she'll get us all off too... right?

1159 days ago
488.

Soetoro    

FUTMZ,
I LOVE C HAG. We are moving in the right direction. Keep it coming.

1159 days ago
489.

Cherie    

#507
"Come to think of it... Anyone else tired of paying the price things are marked for these days? Clearly everything is overpriced in one way or another. Lets all go take what we want and use the Lindsay defense. We will all call Shawn Holley and she'll get us all off too... right?"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I was thinking the SAME thing!! If this defense is deemed feasible, then it should be applicable to ALL defendants!!!

1159 days ago
490.

Soetoro    

FUTMZ,
Funny I was thinking a broken down Jennifer Coolege for Dina.

1159 days ago
491.

Scotty    

Cherie-
Wesley Snipes was found guilty of failing to file Federal tax returns (for 5 years)and owed the US Govt. $2.7 million. He has also had a history of contempt.
Compare this to an overpriced missing necklace, which it has not been proven was stolen. Not in the same league!

1159 days ago
492.

Jack    

Can't take anything Chapman says too seriously. After all, she helped get the murderer O. J. Simpson off. She has no conscience whatsoever.

1159 days ago
493.

Soetoro    

Ali as Christie Alley is epic.

1159 days ago
494.

david    

i never realized her breast were so large,,, if the acting thing doesn't workout , maybe she could get a job as a wet nurse.

1159 days ago
495.

Soetoro    

I don't know if he'd do it but Sly Stalone has enough s*** bag in him to pull of a classic Michael Lohan.

1159 days ago
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