Lindsay Lohan
Is Going To Trial

Lindsay Lohan has refused to take a plea bargain in her shoplifting case because she insists she is innocent!

Lindsay Lohan - WENN

Lindsay Lohan is nothing if not obstinate: The accused thief would rather take her chances with a jury than accept a plea deal that would have sent her to jail for six months.

Lindsay is adamant that she did not steal the necklace, despite a history of things disappearing while she's around, like clothes and jewelry from photo shoots and clothes from friends' houses (more on that in a minute).

"Ms. Lohan has maintained her innocence from the moment this case was filed and she has never wavered," her attorney, Shawn Holley, said in a statement to E! News. "Though many advised her to follow the safe route by taking 'the deal,' the truth is, Ms. Lohan is innocent; she has a strong defense; and we are confident that a jury will listen to the evidence fairly and acquit her."

The case is risky on both sides. While the prosecution does have an in-store security video showing Lindsay putting on the necklace in question and leaving with it, the video has no sound -- making it impossible to disprove Lindsay's claim that the jeweler agreed to lend it to her.

In the prosecution's favor? Intent. Lindsay could also say she left with the necklace by accident -- that she forgot she was wearing it after trying on so many other pieces, and the fact that she left her own necklace at the store backs up that fact. However, Linds has that aforementioned history of at least being accused of theft, even though none of it ever went this far. Model Lauren Hastings says Lindsay stole $10,000 worth of clothes and accessories from her back in 2007, the same year Linds was accused of pilfering thousands of dollars worth of Louis Vuitton threads from a photo shoot. In 2009, $40,000 worth of Dior jewelry went missing from an Elle photo shoot Lindsay did (the dollar figure was adjusted down from the original estimate of $500,000), and a friend's missing $35,000 Rolex showed up on Lindsay's wrist a couple of weeks later.

As far as intent goes, all the prosecution would have to do is point to these past incidents -- but Lindsay's lawyer could move to prevent it from coming out in open court, since no police reports were filed in any of the cases.

Lindsay will return to court on April 22 for a preliminary hearing in which a judge will decide if the prosecution has enough of a case to head to trial.

If convicted of felony theft, the prosecution is asking for a six-month jail sentence. If Lindsay had taken the plea she would have gotten three months, which would have been whittled down to 19 days due to overcrowding.

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Comments

Comments on "Lindsay Lohan refuses plea bargain: Bad idea?"

katlyn March 25, 2011 | 9:04 AM

None of us were there, so I'm guessing we don't know what went on. From viewing the tape, she left the store with her necklace and the store's necklace around her neck. From what I know, when a celebrity is given a "loaner" to wear, a contract is always in place. She was with her stylist, the contract would more than likely been with the stylist. The store has stated there was no contract. Any normal person would have contacted the store immediately and returned it promptly. I doubt this is a set up. Lindsey's past behavior has been questionable and she has always been let off easy. I think this time, she is just seeing how far this will go, and plead no contest when she knows she won't win. She can keep stringing the court along, and cop a plea anytime before the trial.

GN March 24, 2011 | 3:29 PM

If you are innocent you don't cop-a-plea, which also gives you a criminal record. With so much written about this I never heard the store saying they contacted Ms. Lohan about returning the neckless.

Katlyn March 24, 2011 | 2:21 PM

Maybe the store did contact her before reporting the theft. This is the 1st time I heard she left her necklace at the store. All the articles I read before stated she wore her own necklace along with the stolen one. She is taking a huge risk by turning down the 3 month sentence at county, which would amount to about 17 days. A 12 month sentence at state prison will get her more than 6 months and she will come out with a criminal record. It is a no brainer considering her history in court. Lying to the judge, numerous times. I hope she finally gets sent to prison.

john March 24, 2011 | 1:47 PM

good for her ...the media are the one's who need rehab !!!

GN March 24, 2011 | 12:23 PM

I think she took it by accident. The article states that she left her neckless at the store, which to me says she's not very attentive, not that she's a thief. If the store owner says she took it without permission one would think the first thing they would do is contact her about it, not the police. But with the police involved there is lots of publicity. She is innocent of theft.

GN March 24, 2011 | 12:20 PM

I think she took it by accident. The article states that she left her neckless at the store, which to me says she's not very attentive, not that she's a thief. If the store owner says she took it without permission one would think the first thing they would do is contact her about it, not the police. But with the police involved there is lots of publicity. She is innocent of theft.

Marie March 24, 2011 | 11:53 AM

She is not too bright. I guess she feels that people are stupid. She should have taken the plea deal because most people are tired of her thinking she is above the law. I hope she is found guilty and does some hard time. I can't stand her. If she was truly on the road to recovery she would lay low.

Katlyn March 24, 2011 | 11:27 AM

If she realized she had "accidently" worn the necklace home, why not call the store and return it ASAP. She waited until she heard the store filed a report. Her lame excuses...to busy to return it....HA! She had time to send flowers when she knew she was caught red handed. This girl is a lier and a thief. If the jewelery store "set her up" and filed a false police report, they they will be found guilty. Lindsay stole the necklace. Nough said.

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