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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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526.

bosox406    

her only hope to squeeze out of the felony charge is to argue the item's value. she done did it. if it's a misdemeanor, not such a big deal. so her lawyer will bring in a slew of experts to testify the piece is worth very little. must make the necklace's creator happy to know this is coming down the pike.

1309 days ago
527.

Ray    

why is this chick not in prison yet. If any NORMAL person got in this much trouble we would be burried under the jail. can the amercian judicial system please get ur act together. Please I mean if u walk into a police station after stealing someones car and you have cocaine in ur pocket should u really be released and let out against all the innocent public again. NO! and for her to continue to get in trouble with the law is just her laughing in everyone's faces saying I am above the law they are going to send me back to rehab and big woop there. WTH!

1309 days ago
528.

Italia    


If they can get Lindsay on any charge related to that necklace, it's a probation violation and worth 6 months in jail.

Of course her lawyer would love to try to do something to get that felony charge reduced, especially since the prosecutor won't plea bargain without jail time.

I'm looking at the probation violation for the jail time, more so than the shoplifting.

Shawn Chapman or Holley or whatever her lawyer's name is has got her work cut out for her.

By the time Lindsay gets finished paying all these legal fees she's caused, Lindsay will be broke for sure.

1309 days ago
529.

mozilla    

How can they not give her jail time. If she plea barains it's an admission of guilt...theft is theft, it's still illegal, she broke the law, she's in violation of her probation from her previous sentence and the judge said " if you violate you will go to jail and finish your sentence" Now, if that does not happen, the California Judges will look like fools~Fair market value $950, really? have you seen the price of gold these days?

1309 days ago
530.

sh    

i want her to go to prison. she's a dirty Kleptomanic and everyone knows it.

1309 days ago
531.

Alexa    

She steals from the Jewelry Store and then has the nerve to tell them that it was overpriced?

They need to throw the book at this sleazebag!

1309 days ago
532.

themare    

Nicole (Dina) thinks that if it goes to jury there will be enough "reasonable doubt" not to convict Lindsay. Did Nicole ever think that most of the people in LA are so sick of the Lohan family that they will not even consider "reasonable doubt" and find her guilty just to get rid of the whole freakin' family? Hell, if the Lohan's don't play by the rules, why should a jury? I hope to God I'm on that jury! Who, me? Never heard of the Lohan's (smirk)

1309 days ago
533.

Jen    

It's truly a shame that the victim here is being trashed in the media, being accused of selling low quality products or overpriced jewelry. This is why they wanted to keep this hush hush. All of you Lindsay supports should see now that they were not looking for publicity! It's sad when the victim become victimized again. Lindsay better move, she's not making to many friends in the Venice Beach community..

1309 days ago
534.

ana    

As long as Shawn is there Lindsay never can get her life back.

1309 days ago
535.

Soetoro    

Sup guys, great stuff on C-Hag. Listen to this. I think Sam Ron is Popeye and Im thinking Ali is going to be the buzzard. Lilo is a few whiskers away and a green tan from becoming the Hag and playing herself in the biopic. Its going to be classic.

The Sea Hag is the archenemy of Popeye the Sailor. Sailing the Seven Seas in her boat "The Black Barnacle," the Sea Hag plunders all in her sight.

When she set her eyes on Popeye the Sailor, she falls in love with him and does everything in her power to make him hers. Unfortunately, Popeye has a girlfriend (Olive Oyl) and besides, the stout and true Popeye would never be one to be fall for such an evil character as the Sea Hag.

Although, years later after constant pursuits and skirmishes with the Sea Hag and her minions, Popeye warms up to the mannish sea-maiden saying "I yam glad she ain't dead -- even if she is a exter bad woman -- hah! If they wasn't no bad women, maybe we wouldn't appreciate the good ones. Anyway, she yam what she yam!"

In her campaign to win Popeye's affections the lovelorn Sea Hag uses Voo Doo; kidnaps Eugene The Jeep; tries to burn Popeye's food supply of Spinach (the fumes energized him, however); transform herself into a duplicate of Olive Oyl - with no success; masqueraded as "Rose of the Sea", a beautiful young seductress; and even helped Popeye's nemesis Brutus take a youth portion to become young, fit and a suitor for Olive Oyl's affections.


Santa Captured by The Sea Hag

The Sea Hag's "If I can't have him, no one can" attitude has driven her, on occasion, to even try to kill Popeye, as well. But romantic intentions and unrequited love aside, the Sea Hag (who just wanted to get a man to call her own), was truly a mean person. Case in point: the time she and her vulture sidekick, Bernard planned to ruin Christmas by capturing Santa Claus and burning his sack of toys. Luckily, Popeye thwarted her evil scheme.

Later in their relationship, after chasing Poyeye unsuccessfully for so many years, the Sea Hag even tried to secure the affections of Popeye's hamburger-munching pal Wimpy - again with no success. The Sea Hag's one weakness/vulnerability (besides her affection for Popeye) was the mystical powers of Eugene the Jeep, a strange creature with a bulbous nose who befriended Popeye the Sailor.

1309 days ago
536.

DANA    

Lindsay has to be stealing. There is some duck out there missing their lips. :-(

1309 days ago
537.

cyn    

With the price of gold at it's highest and this necklace is suppose to have yellow diamonds. Let them have it appraised by both sides by 3 different people on each side then take an average. Lets make sure Lindsay gets a fair trial.I bet Shawn, the D.A. and the 3 judges from LA know she can't stay straight or somehow will screw up probation that appears to be her pattern.Give her 48days in jail and be done with her.She can only tread water if they give her probation. She has ruined her and her family name in Hollywood. Go back to school and learn your craft,and grow from there.

1309 days ago
538.

jwoolman    

river rat at #355, referring to a post from "john smith": "From your earlier post, I can only conclude that you are a Lohan fanboy!"

No, "john smith" is a Lohan fangirl. Look at the writing style of the posts by "john smith"/"johnsmith" and some others with apparently male names. Men don't write like that. There are distinctive differences in the way men and women use language, I think probably mainly due to nurture rather than nature. Try to imagine how the text might be said aloud in "real life" and it might become more obvious to you. I've been on computer discussions since 2400 baud was fast and we used kermit transfers, the Dark Ages before the web when discussions were only on UseNet and via e-mail. So I've had plenty of time to observe these differences online in contexts where I actually knew the real genders of many posters and (gasp!) people usually signed their real names.

I've seen tmz posters try to mislead about their gender and race before. For instance, sometimes someone will pretend to be a woman (female name, even says so in the post) in order to say that some sexist whatever doesn't bother "her" in the slightest etc. - but the writing style is clearly male. I've seen others pretend to be black so they could say that some racist thing didn't bother them, but they way they wrote made it very clear that they had never experienced life in these United States as anything but white... Some people just think if they lie that way, their words will be taken more seriously.

It's interesting that when new posters arrived last Spring to support Lindsay's antics unconditionally (without any hint of nuance... and uncannily similar writing styles), they were using female first names and the style matched female writing style. It's only in the past few weeks that I've noticed a flurry of new posters on all things Lindsay with "male" names (not meaning some people with "unisex" names, but names that are only used for males in our culture) but their writing style is distinctively female. (There are also a few new ones that are male in name and style or just in style (rather scary style, maybe it really is Michael...).) So somehow a bunch of women (or Dina?!?) have decided that they will be taken more seriously in supporting Lindsay's innocence if they masquerade as male. Not sure what to make of that.

Also in the recent flurry, it's become very obvious that some "Lindsay is pure as the driven snow" posters are using multiple names. There are tell-tale signs in choice of words and style, even with attempts to vary it.

This doesn't mean that everyone who thinks Lindsay is pure as the driven snow (or at least not a criminal) is part of a PR team - it's easy to tell which posters are consistent and unique individuals (posting under one name) with a nuanced contribution to the discussion and which ones are just working from a script and flitting from name to name. But it is kind of amusing that somewhere there's a PR team that actually thinks the judges are going to read TMZ .... :) Spin on, ladies.

1309 days ago
539.

Lee    

About lisa2 comment. You hateful bitch! I can imagine your boyfriend or girlfriend putting up with all your misery, your crap and jealousy about a star a beautiful talented actress and singer. No wonder you and your "girlfriends" or whatever you want to refer them as, are just plum jealous, oh did I forget to mention her millions? Jealous, Jealous. Jealous and Jealous.
Thats all you nasty people are just jealous of Lindsay and her family. That is sick. Sick in the frocking head to of " plan a jailparty?" You are sick and filled with hatred,....feel sorry for the jerko you'd have for a boyfriend to put up with you and all your misery.....
Bet you're butt awful for commenting all that hate against someone you don't even know. How stupid.

1308 days ago
540.

john smith    

@574 Jwoolman NEVER GO FULL RETARD .........R Downey tropic Thunder

1308 days ago
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