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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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76.

Soetoro    

Why do they have a picture of Dina talking to Lilo's lawyer above?

1313 days ago
77.

Nicole     

@Soetoro
She won't be doing a year in jail for the VOP she will do 6 months and serve 24 days. Shawn will either take this to trial and win or plead to a misdemeanor which is another 24 days if the Judge makes her serve the sentences consecutively.
The most Lindsay is doing is 24 or 48 days as she isn't going to plead to a felony.

1313 days ago
78.

SOOTHE    

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

Posted at 5:08 AM on Feb 13, 2011 by pink glitter

It's the Pinocchio Factor... it grows with every lie she tells.

1313 days ago
79.

Soetoro    

Nicole,

You are delusional. Please stop.

1313 days ago
80.

Soetoro    

Nicole,

Since she borrowed it and didn't do anything wrong, why would she plea it down? Why are we talking about how much the necklace cost? What happened to the big misunderstanding?

1313 days ago
81.

Spot    

The necklace was made, and then sold to the jewelery store owner, the fair market value is what the owner paid for the necklace. That is the only time in the life of that necklace that it changed hands for money and the price paid for it is the fair market value because it is the price that would "make whole" the owner if it was stolen and never found.
An asking price is not the value of the item, no matter what the item is. The difference between the price paid for the item and what it sells for is the profit on the sale and is in no way related to the value of the item.
If she had stolen a brand new $1000 bill, the fair market value would be $1000 not the price being asked for the bill.

1313 days ago
82.

mannequin    

Lost all respect for Shawn Holley as well. Defending your client well is one thing, sacrificing your own integrity is another.

1313 days ago
83.

Nikki    

Hey Dina oopps I mean Nicole

Rumors went wild in the last few days that the troubled starlet would be a judge on the highly-anticipated talent show; the speculation being that her notoriety woSimon Cowell, who created The X Factor and will be the centerpiece of the judging panel when the show premieres this fall, is too smart for that.

No, Lohan will not be part of the show, spokeswoman Ann-Marie Thomson said Saturday.

In fact, although Lohan has starred in five mug shots, she wasn't even talked to about the job


LIARS ALWAYS GET CAUGHT IN THERE LIES!!

1313 days ago
84.

Nicole     

@Soetoro
I do think that she is innocent but she is obviously is at fault in some way. Possibly for not ascertaining that the necklace was a loan.
If she could plead to a misdemeanor and dodge a felony then i would just take the deal and avoid the risk of going to trial and becoming a felon.
What's another misdemeanor when she already has 3

1313 days ago
85.

Soetoro    

Spot,

you obviously skipped the LSATs, that is the most retarded thing I've ever heard.

1313 days ago
86.

Make it stop    

It's still THEFT!!!!! Go to JAIL!!!

1313 days ago
87.

Soetoro    

Nicole,

She is going to have to plead to a felony. She's had too many chance and is just a total train wreck. Could be reverse racism, but I think the DA is going to have to go for the jugular on this one to prove a point. The conversations between the two have obviously not gone well, hence the new revelation that this is actually petty theft because of some silly argument about what the melted down value of the gold necklace is.

1313 days ago
88.

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."

1313 days ago
89.

Nicole     

@Soetoro
She isn't going to plead to a felony.
To be found guilty of a felony at least 10 out of the 12 people on the jury need to find her guilty on this very shaky case.
I think Shawn can tkae it to trial and win

1313 days ago
90.

Soetoro    

So if you steal from De Beers before they have sold their diamonds to a wholesaler is it even a crime because a "price" hasn't been established yet?

1313 days ago
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