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Lindsay's Lawyer Makes Move to Reduce Charges

4/21/2011 3:05 PM PDT BY TMZ STAFF

Lindsay Lohan's lawyer is now armed and potentially dangerous to the prosecution in her felony grand theft case -- after bringing an expert to the cop shop to appraise the necklace Lindsay allegedly stole.

042111_shawn_holley_video

Shawn Holley just left Parker Center -- the headquarters of the LAPD -- where she brought an appraiser to examine the necklace.  Kamofie & Company set the price of the item at $2,500, but as TMZ first reported, they bought the piece for just $850.

 If the necklace is worth less than $950, the case cannot be filed as a felony but rather as a misdemeanor -- which would be a huge break for Lindsay.

Holley is expected to raise the issue in court Friday, when Lindsay's preliminary hearing is set to begin.


316 COMMENTS

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136.

Pony Princess    

Italia,
even if it is "one of a kind" a value can be assessed by comparing what it is, style, artist (with others the artist has done), other jewelry artisans who are on the same level as Sethi is, place it's being sold, so many more. What you can't really do is say it's only worth $$ because that's all you would pay for it, or that's all a jeweler would pay you for it to resell, etc.
Secondly, sometimes things do sell for more or less than the estimations. Look at art work - this is more in line with that.

1246 days ago
137.

MT2    

Italia: I'm referring to what a comparable necklace by this jeweler has sold for. It may not be 100% identical but could be extremely close. I'll bet more than one of the artist's necklaces have been sold.

1246 days ago
138.

George    

A store can put whatever price it wants on it's merchandise, but if it goes missing, and not found/returned, the insurance company will pay only what the store bought it for, or less if that's what they deem it value to be. The store's loss is only what they paid for the item, not what they thought they could sell it for.

1246 days ago
139.

Jeanie    

Ya know...I've done my fair share of Lilo bashing...And now in hindsight--I feel a little remorseful. While I do not like her behavior and her attitude, I do hope that the girl gets her life on track.

I'm turning over a new leaf...and I shall pray that Lilo can truly find herself.

1246 days ago
140.

Italia    

TO: Pony Princess who wrote:
“Italia,
even if it is "one of a kind" a value can be assessed by comparing what it is, style, artist (with others the artist has done), other jewelry artisans who are on the same level as Sethi is, place it's being sold, so many more. What you can't really do is say it's only worth $$ because that's all you would pay for it, or that's all a jeweler would pay you for it to resell, etc.
Secondly, sometimes things do sell for more or less than the estimations. Look at art work - this is more in line with that.”

^^^^^^^^^^^^^

I agree with you 100% which is why I believe Lindsay’s attorney’s motion (to reduce the charges based on an expert’s estimated actual value) is frivolous, and I believe the court will reject lowering Lindsay’s charges based on a new estimate of the value of the necklace.

If this Judge makes THAT type of ruling, it could quite possibly affect every shoplifter’s case out there and also have their charges reduced based on this judge’s new ruling that shoplifters can only be held accountable for the estimated actual value of goods that are up for sale at the time the goods were stolen, and NOT for price marked on any price tag.

1246 days ago
141.

D    

Lou,
Glad to hear your doggy has more time!

1246 days ago
142.

janet    

Either way, felony or misdeamnor, Lohan is still a thief.

1246 days ago
143.

Nicole     

YES GO SHAWN
LINNOCENT

IF this gets reduced to a misdemeanor then exonerated or not its nuthin. Although i'm confident Shawn WILL win at trial.

1246 days ago
144.

panthergirl89    

Love for someone to ask Lindsay what the cost is to make her leggings and then ask what they sell for. I have a feeling that if someone stole a shipment of her leggings, she would sue them for the retail price of those leggings and then some.

1246 days ago
145.

Pony Princess    

Nicole,
Got your pompoms on???

1246 days ago
146.

Italia    

TO: MT2 who wrote:
“Italia: I'm referring to what a comparable necklace by this jeweler has sold for. It may not be 100% identical but could be extremely close. I'll bet more than one of the artist's necklaces have been sold.”

^^^^^^^^^^^^^^^^

Ok, that’s fine. All I’m saying is that I think that argument is specious. Arguably, if the necklace had a price tag of say $800, then maybe Lindsay would have paid for it instead of stealing it.

Lindsay stole an item with a price tag on it of $2,500, just like any other shoplifter who goes out and steals goods with $500 price tag on it. Those shoplifters don’t get to argue that they shouldn’t be charged with shoplifting because the item was really only worth $50, so they should be charged with petty theft instead.

I’m just saying it’s not a good argument to make in order to try to get Lindsay’s charges reduced, in fact, it’s almost like saying “Ok Lindsay stole it, but it was just a piece of crap, so Lindsay did't really violate her probation.”

1246 days ago
147.

Pony Princess    

Thanks, Italia

1246 days ago
148.

jack-55d79    

@CDA using insurance payout for theft as a benchmark is not how it works in criminal law, because taking something without paying is essentially depriving a shop of the chance of selling their property. That's why courts levy additional penalties and the shop can instigate civil proceedings against someone convicted of theft for compensation. Rather than simply having the perpetrator pay the insurance payout and avoid the courts.

1246 days ago
149.

Danielle    

Oh this is like a skipping record,but anyway,if lindsay actually bought the necklace,she would have paid $2500.00 not $850.00...end of story

1246 days ago
150.

Lori    

Gee what a shock...let me guess...the "Expert" with put the cost of that piece at $949.99 ! TaDa!.

What a bunch of B.S.! Hey Holley, I got a guy who will price it at
$50 bucks if you'll give 5 grand to make this all go away for that low life HoHan.

Such a bunch of crap...she stole it, she knew it, she tried to "give it back" Doesn't work that way sweetheart.

1246 days ago
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