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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.

346 COMMENTS

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16.

Ih8Taxes    

...sound of metal crunching...

602 days ago
17.

Mikey    

Thanks picking this guy as your lawyer Lohan, very entertaining.

602 days ago
18.

Its Nikki Bitches    

Shawn is laughing her a$$ off

602 days ago
19.

Lucky_130    

So does this mean they are making stuff up as they go along? I am assuming so.

602 days ago
20.

Phoenicks    

Hey, you get what you pay for.

602 days ago
21.

MADISYN, LIAISON TO THE H8TURDS!!    

I love My Cousin Heller. What a MAROON!

602 days ago
22.

Nonsense    

He looks like a creature from lord of the rings.

602 days ago
23.

judy jetson    

Lindsay's lawyer Sucks. Hopefully it's a good sign she will be going to jail. The girl is sick and that's the only thing that might help her.

602 days ago
24.

Its Nikki Bitches    

Ruh roh!

Legal issues are NOT looking so hot for Lindsay Lohan.

Besides losing her lawyer, Lindsay's ex-assistant, Gavin Doyle, has now been subpoenaed to testify in the troubled actress' hearing for lying to police officers.

This would all be in Lindsay's favor, except for the fact that Gavin is the same assistant that tattled on her to the cops and played a MAJOR role in her current issues with the law.

Gavin was the one to call out Lindsay's lies when she told cops that she WASN'T behind the wheel during her car crash on Pacific Coast Highway in June.

Her defense is starting to sound like an even BIGGER flop than The Canyons, but despite the rock-solid case city attorneys are building against her, Linds refuses to take a plea deal and insists that she never lied!

However, we won't know Lindsay's fate until March 1.

602 days ago
25.

janet    

Well sounds like I got my question answered. Looking like Heller is not getting any more postponements.


You don't lie and piss off cops, you certinly don't piss off a judge. Heller is not the brightest bulb in the box but look what he has to work with.


Who agrees with me that Holley is laughing her ass off.

602 days ago
26.

Sam    

In an effort to save her azz from going to jail, Lindsay will take that last pleas deal Shawn worked out for her, (provided it's still on the table)since obviously Heller's got nothing as far aa a defense goes.

602 days ago
27.

janet    

@NIKKI...March 1 is when all of Hellers motions have to be in. Lohan doesn't have to be there. Looking like March 18 is still a go and of course Lohan has to be there.


Lohan wanted this and she's getting it. You know damn well she's going to scream inadequate counsel if jail.


For all we know this could be an intensional setup for that to happen. Lohan knows how to play the game she's had years of practice at it.

602 days ago
28.

Give me a break!    

Dumb and Dumber. Good Lord, she should just start serving her time now and for once be a head of the curve for once.

602 days ago
29.

Justsay Nohan    

She should be able to recite them in her Ambien-induced sleep by now.

602 days ago
30.

Southerngal    

I would love to know what that "attached letter, touting Lindsay" said!

602 days ago
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