Lindsay Lohan Preliminary Hearing Underway
Photo by SplashNewsOnline.
TMZ is reporting live on Lindsay Lohan's preliminary hearing on a felony theft charge.
Lindsay's lawyer, Shawn Holley, will be arguing the charge should only be a misdemeanor due to the value of the necklace at issue. Shawn had the necklace appraised: [More...]
Kamofie & Company set the price of the item at $2,500, but as TMZ first reported, they bought the piece for just $850. If the necklace is worth less than $950, the case cannot be filed as a felony but rather as a misdemeanor -- which would be a huge break for Lindsay.
According to TMZ, the first witness was a store employee who testified:
The employee Tinelli Comsooksri -- a salesperson at Kamofie since last July -- says Lindsay tried on a pair of $1180 earrings days before the alleged robbery ... and nearly left the store with one still in her ear by accident. Lindsay gave it back and apologized.
Doesn't acknowledging a prior similar incident that was an "accident" help Lindsay by showing a lack of intent to steal? (Not to mention, who tries to steal one earring?)
TMZ also says Lindsay may catch a break even if probable cause is found on the felony charge.
“Under the law, the judge has the ability to reduce a felony to a misdemeanor at the end of a preliminary hearing if the offense is relatively minor and the defendant is not a hardened criminal with a long record,” according to the report.
There are no cameras in the courtroom for today's hearing.
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