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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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61.

the judge    

Is that her lawyer or her rabbi ?? Geeeezzz

500 days ago
62.

StarryStarryNight    

with as much money as he's made you'd think he'd have at least had a consult with an dentist

500 days ago
63.

21stcent    

I'm waiting for a judge to ask her
What is wrong with you Miss Lohan?
Why do you think your entitled to continue to break laws?

500 days ago
64.

Lisa    

this joke lawyer will finally get her the prison time she deserves, unfortunately she will probably claim ineffective assistance of counsel and get out of it yet again.

500 days ago
65.

LLsez    

From The Desk Of Dina Lohan:

To Craig's List L.A.---Lookin for double accomodation in l.a. area (near AIRpot Courthouse) from March 18th ON. Have ta be able to smoke. Cheap, Can barter, Call me!! Desperate.

500 days ago
66.

Joey Jr    

Better she wishes she wasn't such a jerk to Shawn now ... maybe for once Lindsay will do time for one of the many crimes she has slithered out of

500 days ago
67.

KimKnLohanRSlutbags    

It was the bad coke i snorted Your Honor!

500 days ago
68.

STFUP    

Wow. Her new lawyer is a friggin IDIOT!
-
Just as TMZ pointed out - you only have to be read the Miranda RIghts if you are being taken into custody!
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She could have refused to answer any of the cop's questions about the accident w/o a lawyer present - but she chose to. You can't blame that on the cops!
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JAIL! NOW!!!!!

500 days ago
69.

swack    

Next . . . another story paving the way for Friday!

500 days ago
70.

Vinsetta    

so if she is hauled off to jail, she can scream "ineffective counsel" and not go to jail then? And start over?

500 days ago
71.

jessyfish1    

**** her life. This bitch is a waste of resources that other people deserve. Bitch ****ing lied, now she should deal with the damn consequences. If she wasn't in custody, then they didn't need to tell her ****. It's not the officer's fault bitch was dumb enough to talk without a lawyer present, which I'm sure, with all the trouble she's been in, SOMEONE had warned her against it.

500 days ago
72.

MichelleWW    

WTF. Everything to do with Lindsay is bizarre.

500 days ago
73.

Its Nikki Bitches    

CELEBUZZ‏@CELEBUZZ

Is Lindsay Lohan's new lawyer getting her into even more legal trouble? Tell us what you think and @jvelezmitchell will weigh in!


Bwahahhaha! The answer is YES

500 days ago
74.

TNastyFunktown    

Wow, so early in this and Heller is already grabbing for straws? This situation may not bode well for you, LiLo. This could be the year that you reap the "benefits" of your fading/faded/non existent star power. You have the IRS up your ass & you traded your effective attorney for the door to door vacuum cleaner salesman.

500 days ago
75.

sean    

Why would she fire her great attorney and hire this guy? What is she, drunk?... or high? ... Ohhhh, right.

500 days ago
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