TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

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.

0212_lindsay_lohan_shawn_chapman_holley_getty_ex
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.

0213_lindsay_lohan_necklace_x17_THIN_2
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
61.

janet    

Holley has nothing left to go with. What fair market value?

It's a stolen necklace priced at $2,500 that was not paid for.

The dress Lohan wore to court is about 20 bucks of material and elastic. Valued at $60...0 where did that value come from? Is that fair market value?

1348 days ago
62.

beachgal    

The store probably paid more than $1000 to the artist who made the necklace so it's still a felony even if the retail price isn't used as the value.

Btw a jeweler can't appraise a necklace solely from a photo, lol.

1348 days ago
63.

Rose5491    

TMZ... you should be ashamed....

I'm gone... you have flip flopped on this once too many.

First, it was a slam dunk case. Lindsay was going down for felony grand theft.

Then it was the bs "appraisals" of the necklace from unknown jewelers and trashing the necklace designer and the victim aka the jewelry store.

Now .. it's SCH using your trumped up defense.

We KNOW that Harvey and SCH are friends.... so this should be no surprise.

and we KNOW that what drives your stories is what will guarantee the most hits to your website.

and we also know that your employees are, for the most part, high school dropouts who have poor cognitive skills and have difficulty with proper grammar and spelling...

so.. all in all.... you're idiots. And very annoying. This is NOT the way to increase your business.

Flip flopping just annoys your readers and drives them away...

1348 days ago
64.

DANA    

yeah with that defence but they re loosing big time
and as the judge said he is not accepting bail
so Lilo is going to state prison and not jail
hallelujah

1348 days ago
65.

janet    

Lohan is still a thief. Charged with Petty or Felony theft. Which one?

1348 days ago
66.

Tony    

Yes Holly BUT people with sticky fingers don't go around picking up $5 pieces of coal. BUT they do walk out with a neclace that they know would have cost them $2.500 to purchase!!!

1348 days ago
67.

hopevalley    

It does not matter if the necklace is one penny, she still stole something!!!!!

1348 days ago
68.

yup    

A two-bit ho is still a two-bit ho.

1348 days ago
69.

Olivia3100    

The woman stole, what she believed, was $2500.
Jewelry is always marked up. Just because the necklace wasn't
worth that much shouldn't be an issue. She committed a felony
because she stole a necklace marked $2500. In her mind, in her heart and around her neck she stole and it's a felony.
What the necklace is worth is between the jewelers and their
pocketbook!!! The necklace looked like it would cost $100 at the most. But she didn't walk out with a $100 necklace....she walked out with one marked $2500. FELONY

1348 days ago
70.

Orian    

Told ya so. Now say Orian was right and I was wrong.

1348 days ago
71.

pink glitter    

Word on the street is Lindsay does in fact know where the jewels from the infamous elle photo shoot are, isn't that right Ms. Lohan ? Lol, something tells me even if she gets off this charge she will be in serious trouble again. What a loser she is lol

1348 days ago
72.

pink glitter    

Another thing I notice lately, what the hell is happening to her NOSE ? It actually looks like it is growing crooked.

1348 days ago
73.

noel    

That makes it a sure thing! She is Just a cheap biotch!

1348 days ago
74.

Orian    

"Lohan is still a thief." Wrong Janet.

Miss Lohan ALLEGEDLY took something that didn't belong to her.
You, miz thang, are neither judge nor jury.
If I accuse someone of a crime, that doesn't make it true. It only means that 'I' believe it to be true.

1348 days ago
75.

Soetoro    

Looks like we're dropping the "I borrowed it" defense. Get ready for a year in jail, they have nothing.

1348 days ago
Previous 15 Comments | 2 | 3 | 4 | 5 | 6 | 7 | 8 | Most Recent | Next 15 Comments

Around The Web