[Gossip] UPDATED: Lindsay Lohan Claims She Wasn't Read Her Miranda Rights In Lying To Police Case
Posted by Joseph Lee on 02.25.2013
More wacky filings from her lawyer...
UPDATED: I'm starting to think that Lindsay's big plan is to appeal on the grounds of incompetant representation. TMZ now reports that Lindsay Lohan's lawyer Mark Heller has filed more documents, claiming that she asked for a lawyer but was denied by cops who then proceeded to interrogate her.
Heller says in the documents that police told Lohan she could not leave and that if she refused to answer the questions that they had then "it would be worse for her," claiming she was suspected of a DUI. The filing claims Lohan was given the "stand on one leg" test and passed. However, law enforcement sources claim that Lindsay's entertainment lawyer was present for the full interview.
This appears to be more work by Heller to prove that her not being Mirandized was a reason that the case should be thrown out, which as we said earlier wasn't required since she wasn't arrested.
ORIGINAL:TMZ reports that Lindsay Lohan's new lawyer Mark Heller has filed a motion of dismissal for Lindsay's "lying to police" case on grounds that she wasn't read her Miranda rights.
However, there was no need to read her the Miranda rights because she was not in custody and it's legal to question people involved in a car accident without reading the rights. Lohan lied and said she wasn't driving the Porsche that she crashed last June on the Pacific Coast Highway.
Heller also made mistakes in filing the documents. The biggest was that he attached a letter to the prosecutor praising Lohan, and lawyers are not supposed to influence judges outside of court. The letter has been purged from his legal documents.
He calls his papers a "Bill of Particulars", which is almost unheard of in California courts. These include a motion to suppress evidence, a motion to continue the case and a motion to dismiss charges.