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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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496.

Spot    

When she negotiates her plea she should include possession of the necklace for the $2500 it was offered for and is a value of sorts. When she gets out of jail she can sell it on E-Bay for about 50 thousand. That would work out as 2 dollars per day in jail and it's just about what she is really worth.
She can have some pictures taken before she auctions off the necklace and sell them too! Then a book and a lot of appearances, that could make her enough to pay off her debts and put a good deposit on that double wide she will be living in.
All in all I think she is now breed under fire...TOAST

1292 days ago
497.

Julie    

Whether it's worth $2,500 or $25, the real issue here is that Lindsay stole it -- took it without purchasing it or reaching a loan agreement. While Holly and Lindsay's team may try to cloud that issue, fortunately, it seems the DA is smart and focused.

1292 days ago
498.

Nikki    

Deputy District Attorney Danette Meyers is INSISTING that any plea bargain for Lindsay Lohan include jail time, RadarOnline.com is reporting exclusively.

Lindsay's lawyer Shawn Chapman Holley, is attempting to work out a deal without jail time but a source close to the situation tells us that's simply not going to happen.

"Meyers is standing her ground and saying that any deal for Lindsay include jail time," the source said. "This is a felony charge, and Lindsay has a criminal record. Meyers won't back down on this."

1292 days ago
499.

Julie    

Lindsay thought the necklace was valuable enough to lift it! Customers don't get to set the price, merchants do. If you don't think it's worth what the merchant is asking, you simply don't buy it. It's outrageous to think the charges would be reduced because Lindsay or her attorney don't think it is worth what the merchant was asking.

1292 days ago
500.

Nicole     

@Nikki
Yes keep posting the same thing. We all know that LIndsay is going to jail anyway for the probation violation and serving 24 days.

1292 days ago
501.

Scotty    

Doesn't Lindsay look great in that dress? It has sold out! Great for the designer, who by the way didn't have to accuse Lindsay of stealing it to hit pay dirt!

1292 days ago
502.

Al    

"Doesn't Lindsay look great in that dress? "

Lindsay hasn't looked good ever since she got those duck lips. I was hoping that rehab would have helped with them, but alas, no such luck.

1292 days ago
503.

Al    

"Great for the designer, who by the way didn't have to accuse Lindsay of stealing it to hit pay dirt!"

Exactly! That's why people who say that the store did this for publicity are pretty crazy.

1292 days ago
504.

Scotty    

Let's see, a $575 dress by Kimberly Ovitz, looks great on Lindsay, and sells out!!!!!
A POS necklace, that it has not been proven was stolen by Lindsay, gets endless free publicity as does the jewelry store. Store "We didn't mean to harm Lindsay" Police Officer "Well, we will have to place her under arrest" Store "Well, OK, if we get free publicity, I guess she can be sent to the gallows"!

1292 days ago
505.

Grandma Cracker    

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

Posted at 5:14 PM on Feb 13, 2011 by Dylan
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

Oh, are they hookers too?

1292 days ago
506.

twilightmom    

unlimited funding and connections. I can finially admit to Step One with a heavy and honest heart...I am powerless over this ****. I need help, dammit.
Thx for listening.
Posted at 11 :26 AM on Feb 13 , 2011 by Tracy

@Tracy
PLEASE forgive the last post-got an itchy trigger finger! )=
Good luck to you sweetheart. You have admitted your helplessness and are on the right track!
Hope you finally have everlasting success!
Tmom. {o:

1292 days ago
507.

bootsy    

You mean when the paps yell out "You look like a modern day Sea Hag Lindsay", they dont get the shot the want? - Soetero

Lmao! Nice one.

1292 days ago
508.

bootsy    

I wonder if TMZ will post a clip of the Lilty jab from the Grammy's?

Nikki - did people laugh? Hope so.

1292 days ago
509.

Nikki    

To Funny at The Grammy Awards

Lindsay Lohan was just seen leaving the Staple Center with a statue bulge in her jacket

1292 days ago
510.

FU Lindsay    

Grammys just kicked Lindsays Lying Asz by saying
Lindsay Lohan was just seen leaving the Staple Center with a statue bulge in her jacket

1292 days ago
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