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Lindsay Lohan claims police never Mirandized her

Troubled starlet Lindsay Lohan and her new attorney Mark Heller tried to get Lohan's charges dropped on grounds that she wasn't read her Miranda rights.
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Lindsay Lohan in Los Angeles on January 30, 2013. UPI/David McNew/Pool
Lindsay Lohan in Los Angeles on January 30, 2013. UPI/David McNew/Pool 
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Published: Feb. 26, 2013 at 10:47 AM
By KATE STANTON, UPI.com

Lindsay Lohan, who ditched her longtime lawyer Shawn Holley in favor of the New York-based Mark Heller, has filed a motion to dismiss charges that she lied to the police after a car accident last year. Heller said police never read the actress her Miranda rights.

But as TMZ explained Monday, the 26-year-old actress wasn't in police custody when they questioned her, so cops had no need to read Lohan her rights. The gossip site also said that Holley had made "hugh mistakes" in his court filings.

Sources connected to the case tell us Heller made some huge mistakes in filing the docs -- maybe the biggest was that he attached a letter to the prosecutor touting Lindsay -- he's not supposed to try and influence judges outside of court so it's a huge no-no. We're told the letter has been purged from his legal docs.

Santa Monica officials charged Lohan with obstruction, giving false information to an officer and reckless driving after the actress crashed her Porsche into a dump truck last June. Police say Lohan, who could face jail time, inititally told them her assistant was behind the wheel.

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