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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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106.

lou    

MT2, yeah, that was my thought. The necklace was purchased by the jewelery store for 800-something dollars. And then they marked it up to sell in their store. Why would they cost of the necklace be valued at what they paid, not what they would sell it at? Doesn't make a lot of sense to me.

Seeing that Lindsay now has a role or two, it would make sense for her to try and resolve all of this stuff, even if it's a felony plea. Maybe now that she's been inconvenienced by her actions, she'll be less inclined in the future to steal other people's belongings.

Has anyone heard from Davey Boy? Have been thinking and worrying about him...and the poor folks in North Carolina who got caught up in that miserable twister.

1190 days ago
107.

LieHoShouldBeInJail    

SCH can hear the bus that is going to try to run her over after Lindsay gets convicted for this felony.
Dina's driving.

1190 days ago
108.

LoudMouth    

SPOT. Do a google search. The charges for "Retail Fraud", which is what shoplifting is, are based on the "full retail price" in any jurisdiction you can find.

1190 days ago
109.

panthergirl89    

ilovegossip about an hour ago
This won't work, as Ms. Meyers has the ammunition to back the price. Anyone can go on the internet and search the designer (Sethi Couture), and see that her jewelerys sells in that range all over the country. Here is a link to a similar necklace made by the same designer that is selling for $2400 at a jeweler in Texas:

http://www.chardejewelers.com/detail.aspx?ID=5241 ilovegossip--did you send this to Ms. Meyers?

1190 days ago
110.

lou    

Moral of the story: DON'T say you'll be using Lindsay in a movie if you DON'T want her in it because you MAY just get what you "wish" for. And I cannot imagine anyone really wanting to deal with Mama Lohan or Lindsay either, until she becomes more responsible in her behavior.

1190 days ago
111.

cda    

I think a lot of you are missing the point.

The jeweller had to have the necklace insured (on its own or part of a group/package) therefore the insurance company must have given it a fixed amount as indemnity.

let us say that the piece was stolen by professional thiefs and never recovered. I can tell you that the insurance company would not have given to the jeweller 2500$ to replace that piece. The store would have probably received the amount that appeared on the insurance policy, at best the value to replace/buy a new one from the designer.

So the lawyer is going to argue that Lindsay should be charged on the amount that the store would receive from the insurance cie to replace the stolen piece.

Just because you want to sell something for 2500$ does not mean it is worth 2500$

As another example, your house might be worth 500000$ on the market, but if it burns down, you will only get the amount on the policy, the amount needed to rebuild it

Insurance cies do not give back the value of a house on the market unless you actually insured your house for that amount ($$$$, very pricey)

1190 days ago
112.

Mr Baxter    

These thick headed idiots. Everything in a store is marked up. That's how stores make money. Do you really think it costs $85 to make an Ed Hardy t-shirt? The value of the item is the price the store charges, end of story. Lindsay will go to jail.

1190 days ago
113.

Lucky_130    

lou- I just took a second to read comments, Im taking my dog to the vet now. He just died, but lived to be almost 13. :( I hope your dog will be OK, they sure are good loyal friends.

1190 days ago
114.

Melina    

Lol they got bitten in the ass. Karma's a bitch

-------------
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!

1190 days ago
115.

LieHoShouldBeInJail    

If Lindsay wanted to be charged for the theft of the insurance value of the necklace, then she should have burned the store down and stolen the insurance money, rather than committing felony grand theft.

1190 days ago
116.

mannequin    

So now she DID steal it, but it was overpriced and so not worth it.
Or is it...I didn't steal it, but if I DID steal it, I wouldn't have stolen it had I known it was overpriced; I only steal expensive items.
As another poster stated, this is the reason people despise Lohan. Everyone makes mistakes but a true test of character is owning up to that mistake, not being a weasel.

1190 days ago
117.

thomas    

How can an appraised "value" make any difference? This could lead to an awful mess in the court system if everyone accused of felony grand thief demanded an appraisal of what was stolen and then finds someone who says it's worth less than $950 or whatever the felony amount is.

1190 days ago
118.

LieHoShouldBeInJail    

Next up: Lindsay only stole the PART of the necklace that was worth $850. The box and the sales receipt were worth the additional $1650, and she left without those.

1190 days ago
119.

lou    

I'm going to be off in a bit, to go and get MORE medicine for my dog.

A good day to all, except, of course, Milo.

1190 days ago
120.

lou    

cda, I'm not sure, but it seems to me that prosecuting the case of a stolen necklace would not entail valuing the necklace at a replacement price set through an insurance policy. Prosecuting a theft does not equal collecting on a stolen item.

I guess we'll have to stay tuned until tomorrow to find out for sure. No doubt Harvey planted this story to hits, since it's a recycled story at best.

1190 days ago
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