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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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76.

Majestik    

That "TOUTING" Lindsay, is that like the lawyer in NYC that was suing Pitbull by stating that Smeghan was an actress in good standing with hollywood (someone mentioned she hadn't paid her union dues so that wasn't possible) and then whining that it could ruin her image and career? BWUAHAHAHAHA.

519 days ago
77.

Pimpcessa    

Not sure, but I have the feeling this trial will get delayed incompetent counsel. Maybe that's her plan all along? While she frantically runs around town, searching for the next attorney to rep her.

519 days ago
78.

Questdelsangraal    

Come on TMZ your title is misleading.
She is not smart enough to come up any of her defense.

519 days ago
79.

Vinsetta    

I think the court is going to so fed up with the crap that they will just want to get this going and over with ASAP and stop f-ing around.

519 days ago
80.

MADISYN, LIAISON TO THE H8TURDS!!    

I'm still amazed she hasn't been formally arrested on these charges, yet theres a trial date. Color me confuzzled . . .

519 days ago
81.

taz    

What a contrast, to go from reading about Oscar fashion and talent, seeing the stars look their best, to this coked up idiot and her troll lawyer. Night and day.

519 days ago
82.

thisisme3    

Her lawyer is just as dumb, if not dumber than her.

519 days ago
83.

Chuck D of Valpo    

Bottom line is that one or more insurance companies want answers before they print a check for damages done to a sports car and truck. Here's looking at you, LieLo.

519 days ago
84.

Its Nikki Bitches    

Bwahahaha! Is this directed to Lindsay


Bret Easton Ellis‏@BretEastonEllis

"You have to get off Twitter," a worried friend from Seattle told me last night at the Vanity Fair Oscar party. "People think you're crazy."

519 days ago
85.

ketjo    

Round them up and roll them out TMZ ....all the Lohan spin stories you can come up with to build the hits to the nothing story on Friday......SHE DOESN'T EVEN HAVE TO BE THERE. !! IT's a due date for her Shyster Lawyer to get all his motions delays and dodges submitted to the court in order to delay or get charges dismissed.......
But you bet your bottom dollar TMZ is going roll this up in a nice fat ball of "Will She/Won't She " for everyone to play with......
In the mean time Lohan Inc will be reaching out to the same people who pulled strings time and again to keep her ass out of jail....the Back rooms of the court house are going be busy this week.....Money will exchange hands just how much and if they can buy her completely off will have to be seen ....
In the meantime good friend Charlie will have house quests in 3 weeks......
Bye the way NOBODY thinks the timing of this quest appearence on his show is a LITTLE suspisious > April ... When by all rights she should be serving time...........Does Charlie know something we don't know......LOL...or is it Lohan spin.....?
Hell I'm only here for the good company and friendly conversation anyway.......Don't give a rat ass what happens .......

519 days ago
86.

hummingbird    

He's gonna screw her right into jail!! I'm excited, she needs to be put in jail, she thinks her s**t don't stink and that she can lie and get away with it. Rot in HELL Lindsey!!

519 days ago
87.

Cecilia     

The new Zombie apocalypse is about to start alright...Because the sound of laughter and champagne glasses from Shawn Chapman Holley's house is Loud enough to raise the dead.

519 days ago
88.

fleabag73    

Lordy Lordy, My Cousin Heller is at it AGAIN!! This dude belongs on a couch in his wifebeater and underwear getting "ordained" as a minister with MiLo and leave the law ALONE.

519 days ago
89.

fleabag73    

And Crackie SHOULD know that you have to be ARRESTED in order to get mirandized and so should My Cousin Heller. LMFAO. What couch did he get his law degree at anyway?

519 days ago
90.

Aqua    

Every time she has jail looming around the corner, she suddenly has work commitments lined up. It's getting old...
I sincerely hope we get to watch My cousin Heller's ramble in court friday. Nacho's and Corona for everyone!!

519 days ago
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