Legal Experts Believe Lindsay Lohan Stands a Good Chance at Trial

By Justine Goodman Posted Mar 24th 2011 03:00PM

This week brought an important development in Lindsay Lohan's ongoing legal saga: The starlet officially declared she would not take a plea deal, which would have involved some mandatory jail time, on felony grand theft charges for allegedly stealing a necklace from Kamofie & Company jewelry store. Instead, she will take her chances at trial. LiLo had already indicated that she wouldn't take any plea that involved jail time, so PopEater asked some legal experts to weigh in on whether going to trial is a good idea.

Gerald Lefcourt, a prominent New York attorney and past president of the Association of Criminal Defense Lawyers, points out that the question of whether to make a deal or go to trial is the critical question in every case. "One of the toughest and most important decisions an accused faces is whether to accept a negotiated plea offer or take the risk of going to trial and have her fate decided by a jury. That decision is even more difficult in high-profile cases where concerns about damaging pre-trial publicity, public sentiment about the accused and the ability to find a fair and impartial jury predominate. Pleading guilty eliminates uncertainty and is often the best way to mitigate the risk of receiving a harsher sentence if convicted after trial."

That same logic prompted most of the media to take the position that Lohan ought to have quit while she was ahead and taken the plea while it was still on the table. But when it comes to this particular case, Lohan might fare better at trial, says celebrity lawyer Ed Hayes, who has represented everyone from Diddy to Robert DeNiro and was the basis for the lawyer character in 'Bonfire of the Vanities.'

Hayes says the first question to ask is: Did she do it? "I wouldn't take a plea if she didn't do it," he says. Hayes believes this case will hinge upon whether the defense is able to produce evidence that supports the claim that Lohan borrowed the necklace for a photo shoot or other event with the store's consent. "Suppose they get a stylist who comes to court and says, 'Lindsay brought me the necklace because we were gonna use it for a shoot, and I forgot to bring it back.' If that's the case, she's gonna get acquitted," he says, adding that if she has a legitimate defense, it shouldn't be difficult to prove.

And in all fairness to Lohan, that isn't such a radically farfetched idea. She may be an easy target, but the reality is that there are many reasons to believe that she may actually be innocent this time around. For starters, she had $3,000 in cash with her at the time of the supposed theft, which we know because on the same visit to Kamofie & Company, she made a cash offer on a ring for that amount.

Also, it has been widely reported that the store owners have been shopping a book deal about the episode. "Trying to sell a book deal based on a relatively minor shoplifting incident is really scuzzy," says Hayes. And it undermines the complainant's credibility, indicating that they're just in it for the publicity and possible payoff.

SNTV - A Break for Lindsay Lohan?

Hayes points out that after the alleged theft, Lohan made no effort to conceal that she had the item. She was even photographed wearing it afterward, which is what led to her arrest in the first place. "She wasn't hiding it, she was wearing it, and that's a reason to believe her," he says.

But even though there are valid reasons to believe she didn't do it, in a criminal trial the bottom line is whether the jury buys what you're selling. Hayes says that if Lohan misbehaves in court or appears to have an attitude, "she's not going to be very attractive to a jury, which is a big thing."

On the other hand, with the right jurors, she might come across as sympathetic. "I might put her on the stand and have her say, 'Yes, I've had a troubled life, I've had a drug and alcohol problem, my life has fallen apart. But I didn't have any reason to steal that necklace, and I didn't do it,'" Hayes says.

So what would the ideal jury look like? Hayes would prefer men to women. "Women might not be as sympathetic to a troubled girl. Younger women might like her because of her celebrity status," he says, though they might also resent her for the same reason. "I'd also take the type of men who are naturally protective of young women. ... I wouldn't take, say, a banker or an accountant. I'd definitely take a social worker, a person who works in a store, a stylist. It would be great to have a stylist on the jury."

Well, perhaps if Lindsay is really lucky, she'll have someone like Hayes on the jury.

Tags: lindsay lohan

Comments

(29)

Thursday 24 March

By stu

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Lindsay is talented just like liz taylor. Both could drink any1 under the table.

By BTDT

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Short of murder, this girl will skate on any charge.
Wait, Hollywood, she may get away with murder too.

By tony

when you beat the rap as many times as she has i would say that too.

By themeeker

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She may beat the rap, but she'll never get another good role. She's too much of a joke.

By Al Concetta

She is makeing a mockery of the justice system and the judges are letting her get away with it. Who said money can't buy justice.Like i said before she will never see jail time.

By Deborah

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Have you even watched the tape in the Jewerlry Store???? I thought not, that was CLEARLY NOT a thieft of anything. But because she has a troubled past people seem to want to fry her for this too. What a bunch of twits!

By simpsonsimpmike

Lock her up and throw away the key.

By catzs

I won't be surprised if she gets off this theft charge, however, given her willingness to continue to frequent bars and party, party, party, it's only a matter of time before she gets another violation of probation and they'll throw her in jail again or some other charge against her. She just needs to fade away for several years or longer and try to rebuild what used to be her career. I'm sick of hearing about her plight and woes in life. Look girly, we all have our crosses to bear.

By Dave

Put me on that jury. I'll vote to convict the useless skank, and give her the maximum. She deserves nothing less.

By Molin

I would rather face a Judge, then a Jury, just take for instance the Jury here.

By mw

Just let Lilo keep getting away with everything, til she kills someone with her car, then what, she didn't do it. She would get away with that too. I want to read her probation report which I hear is pretty bad. I don't think this new judge is going to go easy on her. If she violated probation, off to jail with her on April 22.

By Ezeestreet

Lindsey will beat that too. I don't believe in our justice system at all.This crap gets away with everything.

By Ron

The burden is on the state. Effectively, on the store. Why didn't they get her on the way out the door? She was wearing it in plain sight. They saw it or could have seen it. If I tried to wear a piece of jewelry out of a store I would be accosted then and there. It was inattentive at best for her to wear it out. Criminal behavior is another matter. If I were on the jury I would have to have a GOOD answer to this question or she walks.

By John

Make it an all-male jury, she'll not only walk, but get a cash award too :^)

We live in a country where rules exist for all. In this pathetic country the rules are enforced on the general public but not the rich and famous, as they can buy their way out of trouble.

The list R&F examples is a long one, beginning with Lohan.

By Trouble

Lohan will sleaze her way out of this shoplifting charge, just like her drug-taking, hitting a staff at the Betty Ford Clinic, and on and so on. The Justice system is so skewered, she'll likely walk away. And then feel victimized by the next incident. I say to her "like parents, like child". She is a spoiled, bottom of the barrel, pathetic little con artist.

By Dianne

Of course she'll beat the rap because she's a "movie star" the rules do not apply to ANYONE famous. You should know that by now. silly girl.

By Michael Prymula

People already have it in they're minds that Lindsay is guilty even without much in the way of evidence. They don't care whether Lindsay did it or not, they just want to see her go down because it's the only thing they have to look forward to in they're pathetic lives. I for one pray that she will rightfully be proven innocent and will be able to put this whole mess behind her, she has no doubt made some bad decisions in the past, but that dosen't matter because that's not what she's on trial for right now, she did NOT steal that necklace no matter what you stupid haters say!

By Zero

She would be convicted of a felony. Three years hard probation, no guns, no voting etc. It's a big risk but if she won it'd be worth it. If not the big penalties will fall. She's already on prob-toilet so that's NOT good. If she gets out with nothing I'd throw her a BIG PARTY!

By guinevere

he thinks she'll get off? again? good grief she's been in and out of rehabs for drugs and alcohol..failed miserablely..and this is her third theft incident..

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