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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
46.

npfiii    

The sticker price $2,500.
It doesn't matter what others claim it's worth, it's value is what the store chooses to sell it for.

1260 days ago
47.

twilightmom    

I have a feeling Shawn will take this to trial. We haven't heard Lindsays version yet, all we've heard are so called sources. I for one never believe what sources say, its a way for gossip websites to stir the pot, they swing one way and then another and its all for hits on their site. Plea bargins happen everyday, Lindsay lohan is no exception. My opinion is Shawn will try to have the charge down graded then go to trial. When this goes to court, this case should be judged on the EVIDENCE and the evidence alone. From what has been quoted from the police report (evidence) the jeweler has been inconsistent and will have some serious questions to answer.
Posted at 2 :51 AM on Feb 13 , 2011 by susan

@susan
Umm....yes, we have heard LL's version. Several of them ASMOF. Which would you like:
1. I was never in the store
2. I was in the store, they let me "borrow" it-its my "people's" responsibility to take care of the paperwork
3. Actually they didn't let me "borrow" it, I'm just an airhead and scatterbrained and I "forgot I had it on". Never noticed it, for days and days and da....until the paps caught me wearing it and I tried to hide it, er, I mean I was cold and had to pull my sweater up around my neck. Yeah, my neck was cold. Damn Santa Ana's!

1260 days ago
48.

InformationTrafficker    

Team Holley FTW!

Linds, when it all boils down to it, Holley has saved your butt time and time again.

You had better remember that....

1260 days ago
49.

NelsonH    

Grand theft. Lock her up.

1260 days ago
50.

fifi    

Nice try but what bull! The necklace is a handmade art work, not a mass produced necklace available for wildly different prices at different places. The artist sets the price for their artwork & it is up to people if they want to pay that price. This jewelry designer doesn't work for cheap. Her own website is great evidence of this.

1260 days ago
51.

Get over it..    

Creampie surprise!

1260 days ago
52.

casting couch    

If this is true and LiLo beats this, it's good news for shoplifters everywhere.

1260 days ago
53.

Teufulhund    

Who f'n cares. **** tmz, **** celebrities, and ,espcially, **** that worthless whore lohan. All you tmz *******s need to stop living like a parasite off these douchebags and make a real contribution to socitey.

1260 days ago
54.

SOOTHE    

Why do you people credit Shawn Chapman Holley with getting O.J.
off? She wasn't the lead attorney or even the second. Her role
was that basically of gopher. She schleped all the files back and forth to and from court everyday and handed the attorney's
the appropriate files when they needed them. She kept track
of the testimony and evidence. That is hardly being responsible
for getting him off.

1260 days ago
55.

pstar    

Plz dont hate on Lindsay. She needs support. Even ugly lesbians dont want her. Somebody needs to. Short skirt worked but the tits-how many kids have sucked on them.

1260 days ago
56.

mija    

It's nice to see people coming around and supporting Lindsay. To those who think the appraisers couldn't possibly appraise the necklace through facts and a high quality photo, you're in denial.

1260 days ago
57.

Lola    

The defendant intended to steal a necklace that had a price tag of $2500 on it. She intended to commit grand theft, if she is indeed guilty of this crime. She didn't lift a bauble that had a price tag of $599 on it, but on that had a tag of $2500 on it.

I don't know what you shyster lawyers think you are trying to pull here, but what you have presented just sounds sleazy, slimy, and a good case against lawyers in general.

The store is in the business of selling jewelry. They don't intend to put out jewelry with prices that no one will pay. They have tried to price their jewelry at "fair market value," in accordance with their position as a high end jewelry store in an upscale community.

If you want cheap prices, you go to the pawn shops or Harry on the street corner with his coat lining full of questionable watches and jewelry pieces.

Lindsay Lohan chose a high end, posh jewelry store to "visit." She wanted this kind of jewelry. It doesn't matter that you might can find this jewelry cheaper at Best Buy or K-Mart or whatever. She didn't go into those stores to "shop."

It doesn't matter that you might can melt down this necklace into its component metals and gemstones and come out with fifty cents worth of material. The cost is the artist's design, the uniqueness of the piece, the presentation of the piece in that particular high end store.

You lawyers are now trashing this necklace, talking it down like it's a flea market find. However, apparently it was appealing enough for Lohan to walk out with it around her wrinkled neck.

All these attempts to manipulate the law are turning more people against her and against you.

When you steal from a store, not only are you robbing the owners of their merchandise and money, you are robbing the community as a whole of their sense of security and justice. Crime goes further than just the first layer.

1260 days ago
58.

Sad sad    

gretchen Na, it's actually much simpler I just found out. Chow ;)

1260 days ago
59.

SOOTHE    

Doesn't fair market value only apply when something used has been stolen and the value has to be estimated? They don't get
the value that they paid for it, they get the value of it as
a used item.
For example the fur coat she stole. Say the girl paid $20,000
for that coat 5 yrs earlier, she would not get the $20,000
as the value, she would get it's depreciated value assessed
by the court.
As far as assessment goes they cannot come out ahead before the incident they are only entitled to be made whole again.

1260 days ago
60.

Jackie    

They look like they are in Love....lol

1260 days ago
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