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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.

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.

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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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91.

Soetoro    

Nicole,

Totally agree, no way she pleads to a felony. What would be the point? Its unfair, but I think this is going to a trial and then who knows. I mean, she's just not a tragic figure that a jury will just let skate. They have her dumb ass dead to rights.

1346 days ago
92.

DANA    

cant wait for the mug shot "numero cinco"

1346 days ago
93.

Rose5491    

Posted by Nicole:

"What's another misdemeanor when she already has 3"

Posted at 5:29 AM on Feb 13, 2011 by Nicole

I can't stay away. The comedy is too entertaining.... LOL

Perfect Lohanesque logic....

Most people have NO misdemeanors, NO felonies, have NEVER been arrested, have NEVER been accused of a crime.... that's my standard....

Your standard is obviously a whole lot lower.....

Makes sense. Daddy is an addict and convicted felon who served 5? years in state prison. Mommy is a compulsive liar... Rockette anyone? Who wants Carvel ice cream? I've got a card... free for all.... Lindsay isn't an addict... She's only been to rehab 3 times....

Lindsay is a combination of the two... thief, liar.. addict and let's throw in dangerous driver who is going to kill an innocent person someday.

But that's okay Nicole. You have low standards so according to you.. it's all good in Lindsayland. She does no wrong. She should never be arrested and she certainly should never go to jail, cause she doesn't mean to do wrong..... She just likes to party and everyone is out to get her !!!

yea.. right..... unfrigginbelievable.....

but you keep on Nicole.. cause you sure are funny.. in a pathetic kind of way....

After she kills an innocent person, however, you won't be funny anymore.. and neither will Lindsay or Michael Sr. or Dina.

1346 days ago
94.

janet    

@Orian...Lohan is a thief. She just ran out of people to blame. Lawyer to the rescue.

Lohan is being charged with theft. Just a matter of petty or felony.

1346 days ago
95.

janet    

My mistake. Lohan is charged with theft. Just a matter of petty or felony.

1346 days ago
96.

Soetoro    

How is Linds paying the legal bills I wonder?

1346 days ago
97.

Rose5491    

Nicole -

How many times have you been arrested.

How many misdemeanors and felonies do you have on your record?

How many times have you been in jail?

Just curious why you have such low standards...

1346 days ago
98.

tgrfan42069    

im gonna start giving stores what i think items are worth and not what they charge.so the next time i go buy a video game that sucks im gonna give the store 20 bucks instead of 60 because thats what it is worth i wonder how far out of the store ill make it with th item.oh thats right it will be STEALING either way.

1346 days ago
99.

Sammie    

I bet that designer doesn't feel so "flattered" anymore.

1346 days ago
100.

tgrfan42069    

so the bash lindsay posts have started getting few clicks for they are getting old.now tmz will defend lindsay to get more clicks.it doesnt matter what the store down the road charges for the necklace she stole the necklace that was priced at 2500 which is grand theft.ooops she should have chose the store that had it cheaper.

1346 days ago
101.

SOOTHE    

How is Linds paying the legal bills I wonder?

Posted at 5:54 AM on Feb 13, 2011 by Soetoro

With the $400,000 worth of jewels she stole from the
Elle shoot she sold to her fence.

1346 days ago
102.

The Gorn    

So, I guess it's okay to steal then. But, isn't there a matter of intent? If the jewelry is labeled at $2500, isn't it reasonable for the defendant to believe that it's worth $2500? After all, it's unlikely Lohan would have been interested in it if it were the worth what Lohan's attorney is now saying it's worth.

1346 days ago
103.

karlew    

Although an artwork’s value is subject to a wide range of variables, these variables are not always relevant. For example a collector or artist may base the value of an artwork or design piece on an emotional level, others like insurance appraisers will view this with more specific guidelines. These can include rarity, condition, age, subject matter, sales and acquistion records (provenence), and recent prices realized for similar works by the same artist or artists of the same import.
It really doesn't seem to matter what value the retailer can put on it. The question is; Does the market bear that value? Just because it's art doesn't make it priceless, in valuation one must also follow the current markets. Just because the drawing your kid made at school currently hanging on your fridge door may be priceless to you, it doesn't mean it's worth millions to anyone else.
Basically if Holley can prove based on previous appraisals and sales of similar items by this artist or contemporaries that the necklace's estimatable value is less than the felony amount she may have an argument.

1346 days ago
104.

Linda2    

It she can get away with reducing the price of the article stolen for fair value anyone can do that. Does anyone want that precedent? It would be great for all crooks

1346 days ago
105.

Chaps    

I love this defense!

"I am a diamond thief, but just a liloho lowlife diamond thief!"

1346 days ago
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