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Lindsay Lohan's 'Incompetent' Lawyer Speaks! Uses Ben Affleck In His Defense!

| Filed under: Lindsay LohanLegal Matters

lindsay lohan mark heller hearing press conference

In court Friday, Mark Heller's motion to dismiss Lindsay Lohan's upcoming misdemeanor trial was denied.

Judge James R. Dabney found Heller to be incompetent regarding this particular case, ordering an absent Lindsay to either find another or waive her right to a competent CA lawyer.

Just to reiterate — BURRRRNNNN!!!!

Heller's motion to dismiss was based off his claims that Lindsay was not read her Miranda rights, but insufficient evidence resulted in a huge NO from Judge Dabz.

Discouraged but determined, Heller then tried pushing his luck by requesting the March 18 trial be postponed until the first week of April.

Again, the judge raised his brows and served another dish of denial.

Following the hearing, Heller spoke at a press conference to ensure the press that he would "tenaciously clear all legal paths that are in Lindsay's way," so that she could be one step closer to a resolution.

Quoting Ben Affleck's Oscar speech (he's sooo Hollywood now), he noted that it isn't how you "get knocked down in life, what really matters is that you have to get up."

He spoke at length (understatement) about the judicial system working to afford his defendant reasonable doubt and maintained "justice will be best served as a result of a team effort."

So basically he wants everyone to LEAVE LINDSAY ALONE!!! The haters should give her one last chance, he says! LOLz!

In fielding questions from the press, he explained in further detail his motion for particulars. He revealed that he will be seeking an investigation into Lindsay's treatment by the police following the accident.

Heller asserts that police cornered Lindsay while she was receiving medical attention and unlawfully interrogated her without reading her Miranda rights. When asked about Lindsay seeking treatment at rehab, he revealed that Linds is currently receiving the "benefit of one-on-one psychotherapy" to better learn how to emotionally navigate her life.

He insisted that she does not have a problem with alcohol and drugs, but that she is dealing with "other types of issues" which she is trying to resolve through her therapy and other important projects such as her recent pledge to mentor autistic individuals.

In addressing the judge's concern that he is unfit to represent Lindsay, due to his lack of knowledge in California legal proceedings, he revealed that he has a local attorney and other counsel that will assist him during the trial. He added that Linds is committed and loyal to him, being responsive to all of his actions up to this point.

Long-winded heroics aside, we sincerely Mark takes the next two weeks to familiarize himself with California procedures so that he can effectively defend Lindsay.

Lord knows she needs it!!!

[Image via WENN.]

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10 comments to “Lindsay Lohan's 'Incompetent' Lawyer Speaks! Uses Ben Affleck In His Defense!”

  1. Javier Acosta says – reply to this


    LOOOOL! "quoting ben affleck"?? that's an universal quote..

  2. BobbieFisher2 says – reply to this


    Oh this just keeps getting better and better. This woman is going DOWN. I am very much encouraged that perhaps - maybe - this time justice will be served on a plate to Ms. Lindsay lying-thieving-stealing-drunken-crackie-violent-criminal Lohan. Now if only bad acting in a Lifetime movie was crime….

  3. Boyd says – reply to this


    Too bad Ben Affleck isn't a criminal! I'm sure when he said that he didn't want people using that for illegal purposes, but rather for their careers and personal lives such as he. LOL Ben is probably like, "she is the LAST person i want to be associated with!"

  4. @v@ says – reply to this


    I like Heller's attitude considering, and his incompetence is only concerning his lack of familiarity with California law which he plans to address. I wasn't surprised he went for the Miranda thing, and thought it was pretty standard depending on what happened.

  5. 5

    you can't write stuff this good … hope they keep her in general population ……

  6. 6

    Anyone who knows the slightest thing about the law (or watched one episode of law and order) knows that Miranda Rights only need to be read during the arrest, since they did not have evidence to arrest Lohan at the time they questioned her she would have been questioned as a suspect or as a witness to the accident therefore the rights would not need to be read. And the claim that the police held her "without letting her leave" is pretty common for witnesses to car accidents since the police try and get the most accounts possible. She was involved in an accident therefore they would need to question her and get her personal account regardless of her guilt

  7. 7

    His "local attorney" has never practiced law a day in her life, he needs to find another person to sponsor him to practice in California.
    As for giving her another chance, she has had about fifteen I think - time for her to face the music and get a bit of jail time. And no, she will not get genpop. Too much liability if anything happened to her.

  8. jdelaney says – reply to this


    Re: @v@ – On February 8, 1994, Mark was suspended by the Supreme Court of New York, Appellate Division, from practicing law for a period of five years.

    According to court documents, there was “a pattern of misconduct involving misrepresentation, deceit, abusive treatment of clients, fee gouging, neglect and willful failure to return unearned retainers to his clients.”

    Mark’s violations involved 12 separate clients and he was found guilty of 18 violations in total.

  9. Bevi says – reply to this


    You know, she has been in court so many times she must have learned everything a lawyer knows by now. She should represent herself. Of course she would lose the case, but it wouldn't matter. She'll only get a slap on the wrist and promptly get into trouble again. Like she always does.

  10. @v@ says – reply to this


    Re: jdelaney – If so, looks like Lindsay found her level. I thought she was arrested at the accident, but she wasn't. The rub is that this fellow, even with what he knows which is more than Lindsay, will hope to get paid some…and good luck with that.