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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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91.

Ellie G    

This trial is going to be the comedy of the year.

573 days ago
92.

Rationalist    

It just keeps getting better.......

573 days ago
93.

Rationalist    

It just keeps getting better.......

573 days ago
94.

thomas    

You would think that with all the money she supposedly has she could hire a decent lawyer. Her previous lawyer would never have pulled such a stunt.

573 days ago
95.

Jay    

As someone with a CJ background I can say that a person does not always have to have Miranda rights read. That is such a misconception do to TV crime dramas. The situation Lindsay was in did not merit a Miranda.


A criminal BP is served upon the defendant by prosecution.


If Lindsay was innocent and didnt lie then why are they trying to get the case dismissed by grasping at straws? What a f*cking joke.

573 days ago
96.

dd    

I'm so confused is there a lawyer on board, I thought she violated, she had no rights in that case...Too many crimes I can't keep up with her.

573 days ago
97.

LLsez    

It just keeps getting better is right:

Lindsay Lohan will be playing herself, but as a therapy patient, in an upcoming episode of the FX sitcom "Anger Management."


Priceless.

573 days ago
98.

magmax    

Ok, to clear up loose ends for Lindsay:

“You have the right to remain stupid. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford one your mother may give hand jobs to attorneys until one agrees to take your case. Do you understand these rights?”

Lindsay: “I want to start a string of lawyer companies across the whole country with my mom.”

573 days ago
99.

Mumra the Ever Living    

Zippy T. Pinhead, Esq.

573 days ago
100.

Bruno    

You get what you pay for...

573 days ago
101.

Sam    

Maybe, she'll finally get that long sort after stauette next year for her performance as a chronic victim

573 days ago
102.

Glen    

Holy crap guys, Lionel Hutz is real!!!!!!

573 days ago
103.

seamus     

It just goes to show anyone can make it through law school.Shawn Holley must be laughing her as off.

573 days ago
104.

Vinsetta    

Ha, it doesn't even look like Harvey will mention this on TMZ Live. She used to be relevant with stuff like this. Those days are long gone.

573 days ago
105.

J    

This LOSER is the perfect lawyer for her. He is an idiot just like her. And what's with his nasty teeth. Just goes to show you how much money this guy makes. Maybe they met at a meth party. It will be fun watching him make a fool of himself and the hoe. Although one never knows as the judges and D.A.'s seem to be Lindsay's bitches the past few years.

573 days ago
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