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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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91.

Originalkat    

Why are they just now appraising it? The day before court? Anyway it is a cheap defense trick because when a person shoplifts they are charged for retail value, not what the store paid the stuff.

1091 days ago
92.

Italia    

Apparently Lindsay thought it was well worth the $2,500 - SHE picked it didn't she, and she DIDN'T put it back after learning the price.

So, we're to believe that you "purchase" goods at the "retail" price, but if you steal them, you steal them at the "wholesale" price?

If that's true, every shoplifter that ever got busted ought to have their charges reduced because everything is cheaper if you can get it wholesale, but I don't thing THIS particular necklace was available at a "wholesale" price.

Hokey, but I guess Lindsay's attorney has to try everything for her client, whether it makes sense or not. If the Judge buys that garbage, good for Lindsay, but I would think that Judge would be setting a new presidence in shoplifting cases.

1091 days ago
93.

LoudMouth    

Good grief TMZ. This is about the 10th time you have mentioned this. Surely your lawyer there will tell you that "retail fraud" or theft, is based on the "retail price". Stop it already. Even assuming you "might" have a small point, is there ANY jewelry store in the country that will only mark up a $850 item by $99? Even at going out of business sales you still pay at least 25% over what they paid until the last day when only shelves are left. And 50 to 100% markups is considered normal business practice.

1091 days ago
94.

lou    

D, thanks. I've had Francois for over 14 years. He's just such a sweetie. I just lost his sister in October, then my ex in December. Still kinda raw over all of this.

1091 days ago
95.

lou    

Thanks, PP. Just found out he has an enlarged heart, problems with his heart flaps, spinal problems from fusion and a nasty respiratory infection. I guess most of the problems are treatable. The spinal problem will eventually get very, very painful. Poor thing, though. He's feeling so very poorly. Hopefully the antibiotics will help with the respiratory infection, and heart meds will help the heart.

Sukks getting old.

1091 days ago
96.

lou    

Thank you, Sean and the Seeker. Looks like Mikey was a busy, busy boy swindling old folks in NY and Florida.

1091 days ago
97.

lou    

the Seeker,

Hiya! Nice seeing you and I really like your avatar. Great album!

That's right, I thought I heard that before. Wow! Can you imagine swindling old people out of their money? How does he sleep at night? He's even worse than I thought. Thoroughly despicable. And forever patting himself on the back while slamming everyone here. Just unbelievable.

1091 days ago
98.

Spot    

So many posters yapping about the price of the necklace; wholesale, retail, fair market value, and all the other types of price based on mark up.
The law will determine if the item meets the requirements of a felony or a misdemeanor and no one here has quoted the law about what price is used, your all just guessing. Lawyers don't waste the money used to hire a professional unless they think they have a good chance with the price that expert sets.
The prosecutor does not care all that much about felony versus misdemeanor, to her a conviction is enough. She said earlier that she would look at evidence that put the price below the $950 limit, now that decision is out of her hands and the judge will decide. A conviction or plea for the theft will automatically trigger jail time for the parole violation along with time for the theft and so will a guilty verdict. Even if she is found not guilty of the theft the judge can jail her for 6 months for the technical probation violation.
It is not likely but the judge can jail Lindsay without bail until her trial or sentence hr to 6 months jail on the spot if there is enough evidence to go to trial. That would mean she would do about 30 days and then face up to 3 years in prison at her trial. The prison sentence is also not likely but another 6 months or more, in jail, is very likely.

1091 days ago
99.

MT2    

Let's be clear here. Although I used the word "wholesale" in my previous comment, I should have said "cost". Wholesale is usually for mass-produced items sold in bulk to several retailers. This necklace was hand-crafted by a small jeweler and purported to be one of a kind. This makes Holley's defense even less credible. You can't pick this up at any outlet for anywhere close to what she's claiming the cheap cost is.

1091 days ago
100.

Melina    

I don't get it. So is she trying to get the phsyco off by claiming that the jewelery tried to make a profit?

1091 days ago
101.

lk    

The price on it when LL walked out of the store was the retail value in that store, since when does the thief get to appraise the merchandise, maybe she should have stolen it from Target if she didn't want to face grand larceny charges, LL and her lawyer are *******s and the fact that this addict can still get jobs amazes me. What insurance company would cover her alcohol and drug abusing ass?

1091 days ago
102.

Ellery    

Ms. Holley cannot be serious: one set of rules for everyone that has every shoplifted in the state of California and another set of rules for one client of hers. Seriously? I wonder if she thinks she's the first one to try to float that lead balloon! At least they're not still trying to convince us she's innocent. The public will not take kindly to the notion that this little ho get away with this nonsense if she does.

1091 days ago
103.

dreamon    

The fact that she was charged with a felony based on the retail value tells you exactly what the Law's position is. The charge is based on retail price.

1091 days ago
104.

Pony Princess    

I love Hollywood Life's story on LL's new movie role:

Long story short, someone they claim is an insider has told them that because of Lindsay's Drama Issues, they figured they'd use that for publicity and get some money flowing. They never were going to get her in the film from the very beginning;"and then their rumors turned into their real life nightmare.
“Lindsay was only ever ‘involved’ so the producers could get funding from investors. She wasn’t even actually cast,” our source tells us. “But then after the Gotti’s heard about Lindsay, they got excited and wanted her actually in the movie. Suddenly, they actually had to deal with her.”

The insider adds, “Many of these producers don’t have strong enough resumes to get investor attention without the help of a big name, and Lindsay was accessible to them. Even when they said Lindsay was cut out of the movie, it was just to get more press and interest.”

Supposedly this same insider says the film will bomb worse than Travolta's Battlefield Earth!

1091 days ago
105.

Jen    

So if I steal a shirt that sales for $50.00 but is only worth $1.00 of material I am only charged with stealing something worth a buck?

WTF kind of insane court case is this.

I hope karma bites everyone involved right in their big fat asses.

1091 days ago
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