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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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31.

david 183    

Her lawyer is just as crazy as she is. Lmao

543 days ago
32.

Parker    

Wow....this stupid broad has gotten hersel a shister..if anything hemwill be one of the reasons she gets jail time...Shawn Holley is kicking back and just laughing.........this dude here is crazy, looney..and just no good!

543 days ago
33.

Where Are All The Real Celebrities    

She'll probably want her tax liens removed next, along with an Oscar non recount.

543 days ago
34.

janet    

@SAM...I don't think those pleas are still on the table. Holley got her down from 9 months of lockup rehab down to 6 and was working on a better plea when Lohan fired her.


Per Lohan she will not do lockdown rehab and won't go to jail. The jury will believe her because she did nothing wrong.


Yeah right, Lohan such and honest, credible upstanding citizen.

543 days ago
35.

pat    


Way too funny.


These two really deserve each other.


Hard to say which one came up with this one.

543 days ago
36.

Its Nikki Bitches    

This cracks me up


Lindsay Lohans assistant SLAPPED With Subpoena!

543 days ago
37.

pat    


She should have extra time added to her sentence for stupidity.


And if I was a judge who got wind of this, I would place a call to this hooker and give her a stern warning about using this inadequate counsel tactic.

543 days ago
38.

Lindsay Lohan Fan Forever    

New delay ?

543 days ago
39.

LLsez    

PLEASE let Marcia Revel be the new Judge.

543 days ago
40.

janet    

@SAM...That's about it. Got to think the prosecutors are really pissed off with all the stalls. Don't know if they will offer her any deals again or just let her take her chances with the jury.


If she looses it's what like 285 days in jail. Lohan may just end up taking any plea if offered to her. Shawn Holley felt a trial was a no win.


Lohan is scared to death of "lockdown" rehab. No skipping out at 10pm for ****tails.

543 days ago
41.

Marilyn    

Did you see Lindsay at the Oscar's last night?
Was she on the red carpet? Sitting in the audience?
Attending the big parties?
Nah! I didn't think so!
Kinda tells you everything about her acting career...

543 days ago
42.

Marisa    

After all this woman has been able to get away with for the past 4 years, I wouldn't be surprised if the court accepted this bullsh*t her faux-lawyer is putting out there. I have no faith in her getting what she deserves, you guys... No faith. I just watch the circus she attracts with every court date which always ends up with her walking away a free woman, followed by many court appearances that amount to nothing but a slap on the wrist.

543 days ago
43.

Scary    

Bad judgement will always bring down a person, eventually.

543 days ago
44.

anonymous    

no more money buys you this sort of legal representation I guess. lol Goodbye Lindsay.

543 days ago
45.

Sean    

How does a letter to the prosecutor influence a judge?

543 days ago
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