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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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511.

glenn    

Who cares, a lot of people get off for doing a lot worse things. Sending her to jail does nothing for anybody, make her do some community service and end of story

1313 days ago
512.

Made it Past 27    

THANKS A LOT TMZ. YOU MIGHT AS WELL HAVE WRITTEN A LETTER TO THE JUDGE AND THE DEFENSE. IF SHE DOESNT LEARN HER LESSON SHE WILL JUST KEEP STEALING!

1313 days ago
513.

Made it Past 27    

DOES ANYONE HAVE A LINK FOR THE LINDSAY LOHAN JOKE AT THE GRAMMYS? LOL. CANT BELIEVE I MISSED IT!

1313 days ago
514.

Dylan    

Sitting Bull

When is Lindsay going to be on Letterman?

1313 days ago
515.

CN    

Normal Person,

I might be nuts, but I just have a picture in my mind of a 42 year old Canadian chick, sitting on a bed decked out in My Little Pony bedding, dressed up like a 2011 version of Punky Brewster, sitting indian style under a Lindsay Lohan Fathead, blogging away and eating Sweet Tarts.

Posted at 1:39 PM on Feb 13, 2011 by Soetoro
---------------------------------------------

Funny, I have a picture of Ali Lohan. Everything else sounds right though.

1313 days ago
516.

Jordan    

What value did lindsay's defense put on the grammy my guess $949.99 so i guess that is a misdemeanor.

1313 days ago
517.

pink glitter    

lol @ sitting bull...

Lindsay can be all up in my face on the big screen as much as she wants, maybe...lol

But the paying public (most if not all think she is a laughing stock - which she is) will not be paying for that movie ticket that is a #FACT lol.

And I love Letterman, but if I knew Lindsay was gonna be on, I would purposely not watch it...

Nitey Nite Nite lol

1313 days ago
518.

pink glitter    

I find it absolutely mind blowing that the Lohan family believes we are enthralled with Lindsay as an "actress"...

We are fascinated right now, because human beings are fascinated with DEMISE...It's human nature. Sad to say it, but if Lindsay had remained under the radar, so to speak, with her drug use...SHE WOULD NEVER HAVE THIS TYPE OF ATTENTION. She's a loser. That is all.

1313 days ago
519.

coolmam88    

i dont think she stole anything i guess peeps like making lies about her i think she rocks and whoever made lies they should apoligize

1313 days ago
520.

cate    

Its sad she keeps getting off for all the srimes she commits. If it were a normal everyday person they would be given the max sentence. I think she should do the time for her crimes....I mean the max amount. I'm sure she would straighten up if she spent a year in jail. No special favors, no drugs, and in general population.

1313 days ago
521.

Superman    

Art is subjective, not quantitative. The Mona Lisa just looks like a portrait of a woman to me. But, to others, it's priceless.

Lindsay obviously thought the necklace was very valuable and possibly "one of a kind". Otherwise, she wouldn't have even been trying it on. I think perceived worth with a price tag trumps "fair market value" from critics.

1313 days ago
522.

themare    

BLohan is already being made fun of on Letterman. Last week Letterman did a 10 Reasons about her. It's online. So, yeah, Sitting Bull, I guess you can say she is on Letterman. :) smirk

1313 days ago
523.

haha    

Sitting Bull,

I just saw Machete on video. I didn't rent it, my husband did, he didn't even know Lindsay was in it, he just likes Danny Trejo. You're damn right she had a small part in it, in fact she only had like 4 or 5 unimpressive lines. I'm sure she only got into the opening credits because she was naked, big whoop dee do, we're all naked under our clothes--was it your first time seeing boobies? Lindsay doesn't have anything we haven't seen before.

1313 days ago
524.

haha    

...check out Danny Trejo's imdb page, Machete is already in the dust.

1313 days ago
525.

patty    

It doesn't matter what her dumb ass lawyer has to say, grand theft is grand theft. There are people in prisons doing years to life for items less than Lindsay's hot necklace.

Celebrities make me sick!!

1313 days ago
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