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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

No Avatar
91.

KAJ528    

OMG, this trash will do or say ANYTHING to get all of her evil behind her. You are a criminal piece of crap, go to jail where you belong so we don't have to suffer through any more of your "acting".

514 days ago
92.

Ellie G    

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

514 days ago
93.

Rationalist    

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

514 days ago
94.

Rationalist    

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

514 days ago
95.

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.

514 days ago
96.

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.

514 days ago
97.

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.

514 days ago
98.

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.

514 days ago
99.

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.”

514 days ago
100.

Mumra the Ever Living    

Zippy T. Pinhead, Esq.

514 days ago
101.

Bruno    

You get what you pay for...

514 days ago
102.

Sam    

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

514 days ago
103.

Glen    

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

514 days ago
104.

seamus     

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

514 days ago
105.

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.

514 days ago
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