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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
121.

karlew    

@Soetoro #111 comment re: prosecutor only putting value as retail price tag in response to my comment #107

If that's the case then they would be incompetent. With Holley obviously already working on this, the prosecutor better have done their homework and have material available to rebut her argument.

1257 days ago
122.

Soetoro    

Karlew,

Holley will quit soon. Only so much pro bono work for LILO.

1257 days ago
123.

Rose5491    

My guess is that IF Lindsay had managed to stay clean until her probation hearing with Judge Fox at the end of February and if Judge Fox had then put her on unsupervised probation, that SCH would have quit the next day...

But.. alas.... Lindsay couldn't stay out of trouble for the less than 2 months between leaving the Betty Ford Center and the hearing with Judge Fox.

Now it looks like SCH is stuck with Lindsay for several more years....

1257 days ago
124.

Soetoro    

I want to extend a thanks to Nicole, Normal Person, sitting bull, Therock and all the other people that come here to defend their Lilo. You guys are great and give us all a target to aim at. I mean, taking shots at Lindsay is just too easy. You guys who support her provide a bit of a moving target for us because you are taking the high road and spreading love while we have to justify the hate. Our job is a bit difficult in that way. The good news for us is your girl is such a despicable train wreck that the hatters have a shot here as we are trying to better society and rid the world of the pathetic Lohans. the fact of the matter is, the IQ of our country will uptick if we prevail. For you, well I guess if she skates you have more arrests at worst and at best a sex tape or 10 to look forward to. Best, Soetoro.

1257 days ago
125.

normal person    

Soetoro you must have been getting a drink while Obama answered the mirror effect or were you gambling. You are a proud Charlie Sheen sycophant.

1257 days ago
126.

Demitri    

Solution.

Let California go bankrupt continue putting the innocent in jail on fabricated evidence so the police captain can get a hefty raise from his 500k a year position. And Yes DNA evidence can be easily faked in a crime lab. So much for the gold standard....


California and Texas alone have more people in jail than the rest of the world combined. Welcome to the police states of America!!

1257 days ago
127.

Amy    

@4- She's an attorney! She is doing her job and doing it well!
"A $5 lump of coal with a $2,500 price tag is still a $5 lump of coal." -That's true!

1257 days ago
128.

Soetoro    

NP,

It was SB sunday, I was doing both in huge size.

1257 days ago
129.

normal person    

Hey Soetoro do you have any teeth.

1257 days ago
130.

normal person    

Hey Soetoro having read some of your vile post it is clear that along with your admitted gambling habit you also hate women.
Hater

1257 days ago
131.

Chaps    

@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

==============================

LMAO

Like anyone would think you know the truth? THE FACT IS she failed drug tests, there wasnt a stipulation on whether she could do dope and drive or not drive.

Say, how is the assault case in Riverside coming along?

1257 days ago
132.

Who'sThat    

One last thing. This is a defense that won't ever float. Lindsay KNEW the price of the necklace when she stole it. If somebody steals it, they are going to be arrested for grand theft because of the price it was being sold for.

Game, set and match. This silly lawyers that work here at TMZ better keep their day jobs. Honestly, it really sickens me the way they operate here. They build the case against the celeb and then all of a sudden switch to offering up some silly baseless defense.

I'm very close to leaving this website for good because of it.

Posted at 1:08 AM on Feb 13, 2011 by JLS

-----------------

What the h3ll is your prob?
this attorney is doing HER JOB! a dam fine job, i may add!

i don't like Linsey, but even she deserves a fair defense attorney who will do all that she can according to the law to get her client off!
the Cali code dictates the price must be "fair market price", NOT shawn...she is just doing what she is suppose to do...

JLS you said you were an attorney...but so far in ALL of your posts, you show ignorance of the law, blatant disregard and have NO IDEA what a good lawyer is suppose to do!

I don't know what you consider "baseless" but the defense seems to have legitimate, legal defense...NOT at all baseless, as you say...

once again, you show your ignorance of the law which shows us how idiotic your statements are which shows me at least that you are NO lawyer as you claim with all of your imbecilic comments!

1257 days ago
133.

Amy    

Hey Soetoro (#128)- I'm sure your IQ is very high, but I think the word that you were looking for is haters.... I'm sure you already know that (lol). Now, go put on your cape and free the world of the evil Lohans..up, up and away!

1257 days ago
134.

Soetoro    

NP,

I have teeth and I don't hate women.

1257 days ago
135.

Chaps    

Well its a certified fact now, Long Island Lolita Liloho will go down as a legend -

A legend in her own mind...

1257 days ago
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