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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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106.

Rose5491    

How is Linds paying the legal bills I wonder?

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

My guess is that she isn't. She's most likely running up a huge tab that may or may not ever be paid. SCH can get in the line of a long list of people she owes.

Remember... SCH tried to quit before, but no one else would agree to be her attorney, so the judge wouldn't let SCH quit.

I wonder how long the judges can force SCH to be LL's attorney? At this rate, she'll be her attorney for life and won't get paid.

Unless Lindsay has a sugar daddy out there who is willing to pay her debts.....

1312 days ago
107.

Soetoro    

Karlew,

The prosecution will enter into evidence the price tag, case closed.

1312 days ago
108.

oleman    

The world is really "over" the Lohans, we really should lock them up with the rest of the Jackson clan, they all have over inflated ego's, self entitled, and talentless, let's not forget greedy!

1312 days ago
109.

ManiacalZebra    

However, the prosecutors didn't overinflate this one. It's marked retail value is $2500. You can't say that prosecutors valued it too highly when the price tag on the item matches the charges.

1312 days ago
110.

Chaps    

The court isnt in the business to be pawnshop appraisers, the jewelry had a price tag on it, LiLo Ho also found that making loball offers for the goods there was unsuccessful, meaning that the prices were good and they stuck.

If we want to compare HER worth with the diamonds, well, I wouldnt even pay her ten bucks to cut my grass, she couldnt even start the mower.

Worthless KleptoHo.

1312 days ago
111.

Soetoro    

She was a public defender at one point, this must be like a time warp for SCH. No way she has been paid a nickel. LL is broke as a joke right now with little prospects for business in the future. No wonder her lawyer tried to quit.

1312 days ago
112.

normal person    

well haters it is Sunday morning and you have been hating on Lilo all week. Does it make you feel good. You would think that a lot of people hate LILO but in the end it is just a few haters that keep posting their stupid hateful comments over and over again. You know who I mean right Sam, Soetoro, dana, janet et all. Have you ever heard of the mirror effect. It means that you haters are actually criticizing in lilo for weakness in your own personality. You know President Obama mentioned it to O'Reilley when asked by O'Reilley how he felt about all the people that hate him. Right you probably don't read news only TMZ. Your president has it right about haters. Haters.

1312 days ago
113.

normal person    

well haters it is Sunday morning and you have been hating on Lilo all week. Does it make you feel good. You would think that a lot of people hate LILO but in the end it is just a few haters that keep posting their stupid hateful comments over and over again. You know who I mean right Sam, Soetoro, dana, janet et all. Have you ever heard of the mirror effect. It means that you haters are actually criticizing in lilo for weakness in your own personality. You know President Obama mentioned it to O'Reilley when asked by O'Reilley how he felt about all the people that hate him. Right you probably don't read news only TMZ. Your president has it right about haters. Haters.

1312 days ago
114.

Nicole     

@Rose4591
The DUIs were almost 4 years ago.
Lindsay has NEVER drove under the influence of drink or drugs again.
Here's an example:
After she got out of UCLA in August she was driving for like a week but then went back to partying. She stopped driving BEFORE she failed the drug tests(September 7th and 10th) and only started driving again a few days before she was informed that she failed them. When she started driving again that week she passed those drug tests.

1312 days ago
115.

alan    

say i steal a 1993 buick lesabre and get arrested .
the car is only worth about 700.00 bluebook.
i shouldn't get charged with grand theft auto just petty theft right?

1312 days ago
116.

Bush Poverty    

lesbian Lindsay pornooooooo

1312 days ago
117.

Lenny    

Shows the importance of getting a lawyer and not pleading guilty like an idiot. You might think you're guilty and you might actually be guilty of SOMETHING, but you're not necessarily guilty of what they're charging you with.

1312 days ago
118.

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."

1312 days ago
119.

Rose5491    

@Rose4591
The DUIs were almost 4 years ago.
Lindsay has NEVER drove under the influence of drink or drugs again.
Here's an example:
After she got out of UCLA in August she was driving for like a week but then went back to partying. She stopped driving BEFORE she failed the drug tests(September 7th and 10th) and only started driving again a few days before she was informed that she failed them. When she started driving again that week she passed those drug tests.

Posted at 6:13 AM on Feb 13, 2011 by Nicole
-----------------------

Nicole -

How do you KNOW that she hasn't driven while impaired?

Did she tell you that? Even if she did, why would you believe her? She's a habitual liar and an addict.

One thing that I know for sure, the judge should revoke her driver's license for a minimum of 5 years.

Would you stand in the middle of the road with Lindsay driving a car towards you.... confident that she would be sober enough to apply the brakes before hitting you? I sure wouldn't....

1312 days ago
120.

Soetoro    

Normal Person,

First, Obama never answered any questions he was asked, his game is deflection. I mean, I understand you have a Lilo Fathead hanging over your bed and she sustains you, but why do you show up here? This is a home for haters, don't you get it? Yes we call her old, felonious, slut, deranged, failure, skank, entitled, broke, and despicable. So what, its schadenfreude at its best. Why don't you go to one of her Herbie Fully Loaded fan club boards and post there? You will find no love here.

1312 days ago
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