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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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121.

susan    

I'm from the UK so I don't understand US law but the question I have to ask is this, if Lindsay was questioned in the emergency room without having been read her rights, how can they charge her with lying to the police for something she may have said whilst NOT having been cautioned or read her rifgts?


I notice TMZ are still on the Mark Heller hate trail, get over it TMZ, Lindsay fired Shawn for a reason.

570 days ago
122.

Suzy Q     

I'm pretty sure she got "celebrity" mirandized. It's been posted here several times and starts out:


"You have the right to remain stupid"


Obviously, she followed that advice.

570 days ago
123.

janet    

Lohan has no one who will defend her in court. No one is going to purger themselves for her ass. She knows this.


Wouldn't surprise me if she decides to take whatever plea might be giving to her. Heller made no points with Sautner and being not that bright as an attorney don't think he's going to make any points with the new lawyer for this case.


Every L.A. lawyer Lohan called turned her down flat. It's a loosing case and they won't get paid. Shawn Holley is very well respected by judges, prosecutors and saw all the BS Lohan put her through and stiffed her on over 300k in back legal fees. All that in addition to they way Lohan fired her. Sandbagged Holley as she's trying to get her a better plea deal.


Lohan is simply the client from hell. Screw you I'll do what I want and you get me out of it. Backfiring.

570 days ago
124.

Alia    

there is no need for Miranda as stupid was not in police custody at anytime she was free to leave and to answer not answer any questions. As usual she is a dimwit and is slowly realizing she has as much change of getting out of this without some sort of punishment, as Lucifer wanting an Ice Cream cone to not melt down in the bowels of hell.

570 days ago
125.

Jordan    

Now you Can see why Mark Heller has not only been Fired by most or all his clients.

570 days ago
126.

Mumra the Ever Living    

Let's talk for a moment about why Sheen is having Lohan on Anger Management. Here's a paragraph of how Anger Management is doing this year:
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Meanwhile, the return of Charlie Sheen’s Anger Management dropped sharply compared to last year’s series debut. The 9 p.m. telecast delivered 1.8 million viewers (903,000 adults 18-49) and the 9:30 p.m. airing had 1.7 million (994,000 in the demo). The premiere was down 67 percent from last summer, which was FX’s biggest series debut ever. Anger Management was definitely expected to come back lower given all the hype surrounding Sheen’s move to cable last year. Plus, the series faced steeper competition last night than it had during the summer. This is still a semi-decent number for an FX comedy. The premiere begins the network’s whopping 90-episode commitment to the show.
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Yeah, you read that right, this years premiere down a whopping 67 percent from last years premiere.
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Want more numbers? These are VERY ILLUMINATING:
Episode 02-01: Thursday, 01/17/13
0.7 rating in the 18-49 demographic with 1.82 million total viewers.
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Episode 02-02: Thursday, 01/17/13
0.8 demo rating (+14% change) with 1.66 million (-9% change).
.
Episode 02-03: Thursday, 01/24/13
0.6 demo rating (-25% change) with 1.34 million (-19% change).
.
Episode 02-04: Thursday, 01/31/13
0.6 demo rating (0% change) with 1.40 million (+5% change).
.
Episode 02-05: Thursday, 02/07/13
0.5 demo rating (-17% change) with 0.99 million (-30% change).
.
Episode 02-06: Thursday, 02/14/13
0.4 demo rating (-20% change) with 0.93 million (-5% change).
.
Episode 02-07: Thursday, 02/21/13
0.5 demo rating (+25% change) with 1.04 million (+12% change).
.
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Viewership so far for this season?
Season averages: 0.59 in the demo with 1.31 million.

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Yep, Charlie's averaging 1.31 million viewers. He's having Lohan on because his show is #FAILING. I can see why too - how much is she going to charge for having her sorry azz on the show? She's already in hole to him for $100,000.
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She'll be working for scale assuming of course, she's not in jail.

570 days ago
127.

janet    

Wonder if Lohan is going to try and use the Sheen show claiming she's working. The judge gave her the benefit of the doubt with her playboy shoot and look how she handled that.


Everything Lohans pulled is known by anyone who will have the case. She's not fooling anyone.

570 days ago
128.

Mumra the Ever Living    

SAM sha.tt out his gaping mouth
Funny how TMZ has an exclusion filter in place for his name, maybe that should be the new TMZ euphemism for being a d*ck.
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I couldn't agree more. Let's call it "a SAM".

570 days ago
129.

ilovegossip    

Most people have regrets about things they've done. Small things, like wishing you would have said "I love you" more, or wishing you were nicer to that kid in high school, etc. Lindsay has to have so many. Think of the money she's squandered. Think of the career she could have had. Giving up Shawn and taking on this lawyer. Giving her Mother tons of money, only to see her Mother's house get repossessed. It goes on and on...

Come to think of it, doesn't Lindsay have a tattoo that says "Live without Regrets"??? LOL... I have a feeling it will be an impossible task for her.

570 days ago
130.

ketjo    

Off subject: You really need to try this.....One of the major ways to see if what you have been writing flows and keeps the readers interest is to read it aloud and tape yourself like one of those audio stories...Well I m at the point of doing that so I have never tried it before so I just sat and read the first couple of chapters of my novel aloud and played it back.................and their was Loretta Lynn reading my story on that tape.....Kentucky draw and all...you would think after all theses years I would sound more Tarheel and less Kentucky but NOOOOOO I still have my accent....Hard to sound sinister when you sound like Loretta....LOL...try it something you do not sound like you think you do ...and you hear in your head...thats a garrentee....
And Lindsay should try it sometime...if she really listened and heard how terrible she really sounds she would take up mimeing as a career

570 days ago
131.

LLsez    

Kentey ‏@brkentey
Lindsay Lohan to play Charlie Sheen's love interest on 'Anger Management'


You mean one of Charlie's gacked-to-the-gills in-house strippers? WOOT!!!

570 days ago
132.

janet    

@mumra...I said the same thing earlier. Sheens show is not good and it's Sheen just being Sheen. It's old. Bob Newhart was just so much better.


He's hoping she will boost ratings but that only worked on SNL because she overhyped herself so much and bombed so bad on Live TV.

570 days ago
133.

seamus     

I always found the funniest part of My Cousin Vinnie to be when he sees that the judge's law degree was from Yale and Vinnie realized he was not dealing with a Alabama idiot. That is how it appears Heller is looking at this entire situation-Heller and Bitcho are above the rest and this arrogance will be both their downfalls. Knowing that Bitcho fired Shawn Holley who is a great and respected lawyer is going to make everyone involved in this case look that much closer at what an idiot she hired and not even a California lawyer that knows their system-Bitcho is screwed big time.

570 days ago
134.

SoWhat    

Heller and Lohan make a good pair, they're both dumb as a stump. I'm surprised this moron ever passed the bar.

570 days ago
135.

Mumra the Ever Living    

Hey SAM, did you really just say something about eating bacon? Didn't you also say you were an observant jew?
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C'mon Sam, you better start writing these things down, you making way too many mistakes.
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On the other hand, I guess it's to be expected given your excessive drinking an advanced age.

570 days ago
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