Lindsay Lohan Rejects Plea Deal, Faces Trial

Lindsay Lohan is gambling that a jury will believe her side of the story: That she's no thief.

The actress has turned down a plea deal that included jail time and opted to move toward a trial in her felony grand theft case, Los Angeles prosecutors confirmed Wednesday.

Lohan, 24, is accused of stealing a $2,500 necklace from a Venice, Calif., store. Sources close to Lohan contend she believed the necklace was loaned to her, a version of events refuted by the store's owners.

A preliminary hearing, in which testimony is heard and a judge decides if there's enough evidence for a trial, is set to begin on April 22.

If convicted, Lohan faces a maximum of three years in prison. She also faces the possibility of jail time if a judge decides she violated her probation in a DUI case.

Lohan's attorney, Shawn Holley, could not be reached for comment.

Credit: PEOPLE (Ken Lee)

Lindsay Lohan -- The Perils of a Plea Bargain

Lindsay Lohan is rolling the dice, whether she plea bargains her grand theft case or goes to trial, because even if she cops a plea, the judge could still throw the book at her.

TMZ broke the story ... Judge Keith Schwartz has indicated he would give Lindsay 3 months in jail if she cops a plea. That sentence translates to 19 days because of jail overcrowding.

But sources connected with the case tell TMZ ... Judge Schwartz reserved the right to change the sentence depending on the evidence that surfaces during Friday's hearing. And here's the bad news for Lindsay.

-- We've learned prosecutor Danette Meyers -- who is asking for 6 months in jail -- will argue Lindsay's performance on probation has been "unsatisfactory." She has missed AA meetings, gone to class with tea laced with alcohol and missed court appearances.

-- As TMZ reported on February 9, Meyers will allege Lindsay has a history of stealing -- a $12,000 mink coat in 2008, a $400,000 necklace in 2009, and a $35,000 Rolex in 2010.

-- The judge will read and consider Lindsay's probation report. As TMZ first reported, there is information in that report which is extremely damaging to Lindsay, and could impact her sentence.

If the judge feels Lindsay's conduct is worse than he thought when he met with Shawn Holley a few weeks ago, he could up the sentence ... possibly to 6 months.

And here's the biggest problem for Lindsay. If she accepts the plea, Schwartz will place Lindsay on 3 years probation. And what are the chances Lindsay Lohan can stay out of trouble for 3 years?

Credit: TMZ

Lindsay Lohan's Klepto Past To Form Case

Lindsay Lohan has a history of stealing -- that's what the Los Angeles District Attorney will tell a judge who will decide whether to send the Mean Girls star to jail or not, Radar Online has exclusively learned.

Lindsay Lohan's lawyer must notify Judge Keith Schwartz by Wednesday, March 23 if she plans on taking a plea deal, and Radar Online is exclusively reporting that if the actress doesn't take the plea deal, Deputy District Attorney Danette Meyers will include as part of her case, past incidents in which Lindsay has been accused of theft.

"There is very damaging information about Lindsay's past evidence of thefts, including a stolen Rolex, which a friend of hers reported as stolen last April 2010, which will be made public if Lindsay doesn't take the plea deal. Lindsay was investigated by the Los Angeles County Sheriff's Department last spring after a friend reported that after leaving the Rolex at Lohan's apartment, it wasn't returned immediately. Actually, it was quite a bit of time later that the watch was returned to the person. The watch was valued at a whopping, 35k, and like the current theft case, Lindsay was photographed wearing the watch. Lindsay wasn't charged in that case because the victim became uncooperative as soon as the watch was returned. The D.A. will be sending investigators out from the office to talk to the victim. Meyers wants to know if there was a financial pay off" a source close to the situation tells us.

Lohan, 24, was also accused of stealing a mink coat from Maria Markova in New York City in January 2008. Markova said at the time that Lohan took the coat at a nightclub, 1 Oak. The coat was valued at $12k. Markova claimed she was sitting next to Lohan at the club when the coat was allegedly stolen. Markova said the next time she saw the coat, Lohan was wearing it in a magazine picture. Lindsay was not criminally charged in that incident either. "Meyers will be reviewing that information as well. It will absolutely be brought up either at the preliminary hearing or the trial. This will establish a pattern of behavior on, that Meyers will prove beyond a reasonable doubt that Lindsay is guilty in this case."

"It doesn't matter that Lindsay wasn't criminally charged in those previous incidents. Meyers can, and will subpoena police that investigated those, and as well as the accusers if she needs to. Lindsay has major entitlement issues, which have led her down this very dark road. If Lindsay is smart, she will take the plea deal. Lindsay won't know what will hit her if the case proceeds to a preliminary hearing, and trial. Meyers is tough as nails, make no mistake about it. Lindsay truly has no idea how bad this could get, and how fast. This could truly ruin her career. Look at the (Winona) Ryder case, her career suffered after the guilty conviction, and she didn't have the criminal record that Lindsay has," the source says.

Credit: Radar Online

Jewelry Store Is 'Just Trying To Make A Buck'

The jewelry store that accused Lindsay Lohan of stealing a necklace is destroying her life -- just to make a fast buck -- says a good pal of Lindsay's in an exclusive interview with Radar Online.

"I see, and I know the truth, says Nathan Folks, the movie producer who cast Lohan in his upcoming crime drama Escaping the Game.

"It is hard to watch what this jewelry store is putting her through when she is innocent. They feel justified destroying her life, just to make a buck, it's really terrible."

As Radar Online. has previously reported, Lohan, 24, has pleaded not guilty to felony grand theft charges after being accused of stealing a $2,500 necklace from Kamofie & Company, a jewelry store in Venice Beach, California.

Folks insists Lindsay is innocent and says the jewelry store simply wants publicity.

Kamofie & Co has previously sold the surveillance footage of Lohan in the store at the time of the alleged incident.

"The jewelry store had many numbers for Lindsay, they could have reached her and asked for the necklace. Why didn't they? It's a ploy for publicity," Folks told Radar Online.

Credit: Radar Online

Lindsay on Surveillance Tape -- I Told You So!

Sources close to Lindsay Lohan tell TMZ she thinks the fact Kamofie & Co. sold the surveillance video of her proves what she's been saying all along ... they are just using her to make a quick buck.

As we previously reported, the jewelry store worked with a broker to peddle the tape -- despite the fact lawyers for the prosecution asked them not to, fearing it would ruin their case.

Now the tape is out there ... and sources close to Lindsay tell us she feels vindicated. Lindsay insists it proves Kamofie & Co. are trying to capitalize on the situation and are motivated entirely by money.

Lindsay hopes the store's actions will sway public opinion -- and the prosecution -- to see things her way.

Credit: TMZ

Lindsay Lohan Surveillance Tape Has Been Sold

The jewelry store surveillance tape that could be make-or-break in the felony theft case against Lindsay Lohan has been sold, Radar Online is exclusively reporting.

The security video was sold by the store itself! The footage was sold to a company that intended to make the footage public. Entertainment Tonight licensed rights to the video from that company.

This development could complicate the case against Lindsay, and Radar Online has learned that it is causing turmoil in both the prosecution and defense camps.

"Neither side wanted it released," a well-placed source tells us. "Neither side sanctioned this sale."

Lohan is accused of stealing a necklace valued at $2,500 from Kamofie & Co., a jeweler located near her new home in L.A.'s Venice Beach district.

The starlet is due back in court March 10 when she has to tell the judge if she's accepting a plea deal that he's already warned her will come with a jail sentence or try her hand at trial by jury.

Entertainment Tonight will broadcast the surveillance video Monday.

Credit: Radar Online

Lindsay Lohan Will Get Jail in a Plea Deal

The next time Lindsay Lohan comes to court she may need to bring a toothbrush.

A tough-talking Superior Court Judge Keith Schwartz told the troubled actress Wednesday that the only way he'll accept a plea bargain in her felony theft case is if she goes to jail.

"I treat everybody the same," he told her at a hearing in Los Angeles. "I don’t care that you're Lindsay Lohan vs. John Doe or Jane Doe. That doesn't affect me."

The judge set a March 10 deadline: Return to his court that day with her decision or go before another judge for a preliminary hearing and later trial on a charge she stole a $2,500 necklace.

"If you plead in front of me, if this case is resolved in front of me, you are going to go to jail. Period," he said.

The actress faces a grand theft charge for allegedly walking away with the necklace from a jewelry store last month. Lohan has indicated it was all a mistake, that she thought she was allowed to borrow the necklace. Sources say her attorney may also claim it was wroth much less than $2,500, which would drop the case from a felony to a misdemeanor.

If Lohan decides against a plea deal next month and goes to the preliminary hearing, her risk of jail time remains. At that same hearing, the new judge will consider whether she should face punishment for violating her probation in an earlier DUI case. 

Credit: PEOPLE (Mike Fleeman and Howard Breuer)

How Lindsay Could Go To Jail Without a Trial

Lindsay Lohan could go to jail for more than a year for allegedly stealing that necklace ... and it could happen without a jury, without a trial .... without grand theft charges even being pursued.

After doing some investigating, we discovered the D.A. could drop the felony grand theft case completely. But that wouldn't end Lindsay's legal woes -- not by a long shot.

Prosecutor Danette Meyers could go back to court and ask the judge to violate Lindsay's DUI probation ... on grounds she stole the necklace.

The judge in the probation case could then hold a hearing -- without a jury -- to determine if Lindsay did indeed pilfer the jewelry.

Now here's the big problem for Lindsay. In a criminal case, the D.A. must prove guilt beyond a reasonable doubt -- in other words, convincing a jury that there's a 98 to 99% chance that she did the deed.

But in a probation violation case, all the judge has to decide is that it's more likely than not that she stole the jewelry -- in other words, that there's a 50.1% chance she did it.

Sources connected with the D.A.'s office tell us ... prosecutors believe they could ask for more than 1 year in jail if the judge decides Lindsay violated her probation.

And one final piece of bad news. It's very possible if the D.A. dismissed the grand theft case, the probation violation matter would go back to Judge Elden Fox in Beverly Hills, who has totally lost patience with Lindsay.

Credit: TMZ

New Witness Comes Forward For Lindsay Lohan

In a new development in her felony theft case, Lindsay Lohan has an ace up her designer sleeve -- a witness who has come forward that will blow the prosecution's claims out of the water, her father Michael Lohan told Radar Online in an exclusive new interview.

Accused of stealing a necklace the store claims is valued at $2,500, Lindsay is facing felony charges, but a new witness will offer solid evidence that may keep the 24-year-old Mean Girls star out of jail.

"A man contacted Lindsay's camp and told them he went into the jewelry store way before Lindsay did and was interested in buying the necklace," Michael revealed to Radar Online. And, the bombshell?

"They told him it was $800."

According to Michael, the man heard about Lindsay's predicament and came forward to tell his side of the story about the necklace, and he has volunteered to testify for Lindsay if there is a trial.

Elated at the news of the new witness and confident that this will be a blow to the prosecution of his daughter, Michael explained to Radar Online the effect he expects the man's testimony to have on the case.

"This witness will completely exonerate Lindsay and prove that the necklace isn't worth $2,500, and prove that she shouldn't have been charged with a felony."

Credit: Radar Online

Lindsay Could Escape Jail – Even If Convicted

Lindsay Lohan has a reasonable chance of avoiding jail and even a conviction in her felony grand theft case, even though she's been accused of stealing several times in the past, legal experts tell PEOPLE.

"This is far from a slam-dunk case," says L.A. criminal defense attorney Steve Sitkoff of the allegation that the actress, 24, stole a $2,500 necklace.

"All her attorney has to do is convince one juror it was an innocent misunderstanding and she could walk, unless they decide to retry her again."

Adds L.A. criminal defense attorney Harland Braun: "Even if she's convicted, I doubt she'll get state prison time because she's not a physical threat to the public. Prison is generally regarded as a place for hardened criminals, not someone who clearly has mental issues. She has a defensible case."

Experts also agree that her past theft allegations could be used against her in court depending on whether the judge finds the accusations relevant.

Here are among the possible resolutions to the actress's case:

• Lohan could reach a plea deal without going to trial, and be sentenced to anywhere from six months to a year in county jail for the alleged theft as well as for violating her probation. "In this case, the court could figure out a way to make sure she does substantial time and forbid her from early release due to overcrowding," Sitkoff says.

• She could also strike a deal in which she only gets felony probation with no jail time and if she stays out of trouble for three years, the judge could reduce the charge to a misdemeanor. Lohan's attorney Shawn Chapman Holley stated on Thursday she was seeking this as a possible outcome.

• The actress wins at trial by convincing jurors she didn't intend to steal. However, Lohan could still face a probation violation and return to jail without a conviction in the theft case.

• Lohan could go to trial and lose, and could be subject to harsher punishment if the judge decides she was being deceitful to the court. "But if she loses at trial, I can't see her getting more than eight months in state prison," Braun says.

Credit: Ken Lee for PEOPLE

Jeweler's Inconsistency Will Help Lindsay Lohan

The police report detailing how Lindsay Lohan allegedly stole a $2,500 necklace from an L.A. jewelry store shows two puzzling inconsistencies in the jeweler's story -- inconsistencies that could help Lindsay beat the rap.

According to the report, obtained by TMZ, the jeweler first told cops Lindsay had been in the store three times before the alleged theft -- looking at the necklace in question. The next day, the jeweler changed her story and said it was actually a ring Lindsay had been eyeing on previous visits and never looked at the necklace.

And there's another inconsistency. According to the report, on January 23, the owner told cops, "The surveillance video revealed that as Kaman [owner] was talking to Lindsay's male friend, Lohan reached up to her neck area with both hands, removed the store necklace, and placed it inside her black Chanel bag."

But the next day, the owner changed her story, saying Lindsay walked out of her store with the necklace around her neck. The reason for the inconsistency -- the owner claims she reviewed the video on a different monitor the second time and saw it differently.

The jewelry store owner's credibility is crucial because Lindsay claims the owner loaned the necklace to her.

Credit: TMZ

Lindsay To Be Charged with Felony Grand Theft

Lindsay Lohan will be charged today with one felony count of grand theft for allegedly stealing a $2,500 necklace from a Venice, Calif., jewelry store on Jan. 22, the Los Angeles District Attorney has announced.

She is required to show up in person for an arraignment at an L.A. courthouse Wednesday afternoon. If convicted, Lohan, 24, potentially faces several years in state prison.

The actress's attorney Shawn Chapman Holley has denied Lohan committed any crime and plans to defend her in court.

A source close to the actress insisted the necklace was borrowed, not stolen. The source recently told PEOPLE, "Lindsay's used to getting gifted items that are worth way more than that. And why would she steal a necklace? She has tons of jewelry and doesn't need any more."

"The prosecutors have an uphill battle ahead because they must prove criminal intent, that Lindsay knew she wasn't authorized to remove the necklace from the store," says L.A. criminal defense attorney Stanley L. Friedman, who's not involved with the case. "Her attorney will almost certainly argue this was all just a misunderstanding."

"If she's convicted, the fact that Lindsay's on probation makes it more likely that she's headed for state prison versus jail," Friedman adds. "And in prison, they never release inmates early for overcrowding, only for good behavior."

LAPD detectives obtained a search warrant last week to search Lohan's Venice home, but before they descended on the actress, the necklace was returned to the police station, according to an LAPD statement.

Lohan is also currently under investigation by Riverside County prosecutors for allegedly battering a Betty Ford employee.

In her DUI case alone, L.A. Superior Court Judge Elden Fox previously warned Lohan on Oct. 22 that any more slip-ups would be met with six months in jail.

Credit: Ken Lee for PEOPLE