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Lindsay Lohan

Dismiss My Criminal Case

I Wasn't Mirandized!

2/25/2013 10:12 AM PST BY TMZ STAFF
EXCLUSIVE

0225_mark_heller_lindsay_lohan_Article_getty
Lindsay Lohan's new lawyer has filed a motion seeking dismissal of Lindsay's lying-to-cops case on grounds she wasn't read her Miranda rights but he's WAY off base.

Attorney Mark Heller isn't getting started off on the right foot.  First of all, there was NO need to Mirandize Lindsay since she was not in custody and it's perfectly legal to question people involved in a car accident without reading them their rights.   Lindsay's problem is that she lied when she said she wasn't driving the Porsche that crashed last June on Pacific Coast Highway.

Sources connected to the case tell us Heller made some huge mistakes in filing the docs -- maybe the biggest was that he attached a letter to the prosecutor touting Lindsay -- he's not supposed to try and influence judges outside of court so it's a huge no-no.  We're told the letter has been purged from his legal docs.

Heller calls his papers a "Bill of Particulars" -- bizarre and almost unheard of in California courts -- which include a motion to suppress evidence, a motion to continue the case and a motion to dismiss charges.

347 COMMENTS

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151.

Yup    

Jebus... where did whorehan get this idiot, "Lawyers 'r Us"? Well, since he's working for free, you get what you pay for...

512 days ago
152.

jay    

She'll be screaming for her former attorney to return any day now!

512 days ago
153.

Hot Farts    

she could actually get work release for part of her sentence - it is usually offered after serving about 30 days and then you are released into someone's home. Someone they can reach by phone that day. Then she will be assigned to a Sherrif's station to clean and do maintenance - you are considered still in custody and cannot miss or you are sent back to jail

512 days ago
154.

seamus     

Many of us reference My Cousin Vinnie -but Vinnie was inexperienced and smarter than anyone thought he was. I think a more appropriate movie would be Dumb and Dumber or any movie where Adam Sandler plays an idiot.

512 days ago
155.

Its Nikki Bitches    

New Thread

512 days ago
156.

Suzy Q     

Makes you wonder why she chose to sue Pitbull when there are so many people making fun of her. Here are two more...


From "Raising Hope" S3/Ep15 "Yo Zappa Do, Pt..1; Air date 1/29/13:


Scene: Grandma Chance laying on the bed snacking in a hotel room in LA:


"I'm not leaving! The news is on and I want to see what Lindsay Lohan did last night."


(Chuckles)


"I love that little piece of trash!"
_________________________


Family Guy You tube published Published on Jul 3, 2012


'Peter vs Lindsay Lohan'


(Do you know what really grinds my gears?)


http://www.youtube.com/watch?v=NUsVaSpRZT8

512 days ago
157.

Its Nikki Bitches    

Lindsay Lo-Down: Mo' Taxes and Potential Charlie Sheen Sex


February 25, 2013by: John Howard


The sh*tstorm saga continues… Yeah, we’re talking, of course, about Lindsay Lohan. Here’s the latest on Hollywood's slipperiest starfish.

Santa Claus Sheen Strikes Again: If it weren’t for Charlie Sheen, Lindsay Lohan could very well be in jail right now… or in a ditch.

The latest in Sheen's campaign for the LiLo charitable trust: he has offered her a role in his new FX series “Anger Management.” Apparently she’s going to star as Charlie’s character’s newest trick in the series. Big stretch…

Charlie Sheen REALLY Wants to Bang Lindsay: This hasn’t been reported anywhere. But after this new role and the $100K he gifted to her last year, we’re only guessing.

Her Lawyer is Still a Hack: Mark Heller, the NY state discount lawyer that Lindz decided to represent her in the ongoing probation violation case, is officially still an idiot.

TMZ relays a recent failed attempt at the upper hand when the courtroom Flintstone filed a move to dismiss the case due to the fact that the “Liz & Dick” star wasn’t read her Miranda rights during her PCH car crash.

Only problem is legally responding officers weren’t required to do so. Not at all. D’oh!

Slapped With Mo’ Taxes: Lindsay was just slapped with another tax bill from the state of California for a whopping $56,717 from 2011 alone, reports TMZ.

This is in addition to the $140,203 she still owes the IRS… Her checkbook couldn’t get any sloppier if you squeezed it into the center of a s’more.

512 days ago
158.

HannahF    

@9---you're the crim law expert but I'm a bit confused as to the problems here. The Miranda issue is a specious argument but he hasn't got much and I assume that his motion to suppress evidence stems from that as well. In a criminal setting a Bill of Particulars is just supposed to set out all the charges, right? His other motions are just motions and I get that they are a jumbled mess

This is the line from the story that I'm not getting: he's not supposed to try and influence judges outside of court so it's a huge no-no.


Ex parte communication with a judge is far beyond a huge no-no. However, how is a letter attached to a motion filed with the court ex parte communication? Stupid and irrelevant yeah but...? And a letter he wrote to the prosecution is just puffery. Things said during plea bargain negotiations are inadmissable hearsay. Something's missing.

512 days ago
159.

MARK    

Look, I'm a criminal law professor and she has a great case. I'm certain if her legal counsel can make string argument this will be tossed. Out. Seems no matter how many times an arresting officer is told of what instance to read Miranda rights...quite a lot of them acrually mess up. Just think of how many cases could have been thrown out on this technicality. Know your rights people...know your rights or die an idiot

512 days ago
160.

misskitti2u    

Go figure Miss I'm famous for being a dumb ass is going to get out of trouble again. Go figure.... She is a klepto and a liar. I think that is standard on all washed up actors portfolios now a days... She has to keep her face in the news some how..

512 days ago
161.

Lola    

He seems like the perfect lawyer for her. He's apparently going to try every slimey twist he can, all the while unctiously trying to flatter all the judges and officials, to get around the law.

512 days ago
162.

Lola    

Has she paid her legal bill to Holley? Has she paid this new lawyer anything?

512 days ago
163.

WHAT!!!    

Reminds me of Tanya Harding with less Class.

512 days ago
164.

brian    

if that was my daughter i would wet my hand on her ass slap her into submission i have a daughter and am prepared to slap her grown ass if she acts like a child i'll treat her like one father of the year award goes to me
nobody chex for grammar

512 days ago
165.

brian    

If that was my daughter I would wet my hand on her azz 4 sure. She would run, I'd grab her by her ankle and give it to her good on her thighs and her but good big daddy red hand prints she'll have welts on her legs for a week. She wanna act like a kid I'd treat her like one. Next time she'll go to act out she'll remember the pain and stop. She is a product of no parenting.

512 days ago
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