Police take alleged Lohan theft to prosecutors

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   >>> jewelry theft investigation centered on lindsay lohan . kristen welker is in los angeles with the latest. kristen , good morning.

   >> good morning, matt. lindsay lohan just got out of rehab a month ago. by all accounts, she's been working hard to get her life back on track. so these new allegations could be a major setback.

   >> hey, lindsay . did you steal the necklace?

   >> reporter: lindsay lohan ignored reporters outside the santa monica courthouse wednesday after allegations surfaced that lohan stole this $2,500 necklace from a venice jewelry store near her home on january 22nd .

   >> soon after the necklace was allegedly stolen, we see a picture that appears to be the necklace hanging around lindsay lohan 's neck. that's evidence that the police are taking very seriously.

   >> reporter: in a written statement, the lapd said they obtained a search warrant on tuesday to look for the missing necklace in lohan 's apartment. but prior to service of the warrant, the necklace was returned. hollywood insiders say a lohan aide gave the necklace back.

   >> there are reports that lindsay is denying that she knew it was taken, that a stylist took it and that she wore it but didn't know where it came from.

   >> reporter: representatives with the jewelry shop tell nbc news they gave police surveillance video which shows lohan in their store on the day the necklace disappeared. now it will be up to the los angeles county district attorney to determine whether charges will be filed.

   >> the da will make a decision. can they prove that she was shoplifting? you have to prove that the person had an intent to permfantly derive the owner of his property.

   >> reporter: it's not the first time the actress has been accused of having sticky fingers. in 2009 , lohan settled out of court after leaving a nightclub with someone else's mink coat. speculation also swirled later that year when gems totaling $400,000 disappeared after lohan posed for an elle magazine photo shoot . and again when a friend's rolex went missing. she was never charged in either instance. these new allegations couldn't come at a worse time. the troubled actress is currently under investigation in riverside county for allegedly assaulting an employee at the betty ford clinic where she was a patient for three months. lohan was ordered to rehab by judge elden fox for violating her probation on a 2007 dui arrest. analysts say lohan could be in real trouble this time.

   >> if she's convicted of either shoplifting or assaulting the betty ford worker, the case is going to be sent to judge fox and one would have to assume that if she's convicted of either of those charges, that he's going to put her in jail.

   >> now, the district attorney's office wouldn't comment, except to say that no charges have been filed at this time. nbc news did reach out to lohan 's attorney for comment, but never heard back. the actress has a previously scheduled status hearing set for february 25th . matt?

   >> kristen welker, thank you.

   >>> susan is an nbc news legal analyst. robby ludwig is a psychotherapist. ladies, good morning. the legal term for this is oy, i believe. she is already on probation for that dui back in 2007 . is this a real big deal ?

   >> that's latin, right, matt?

   >> exactly.

   >> this is a real big deal . the legal analyst that commented earlier is correct. if this goes back to the same judge -- and he's arrested for this conduct, she's going to prison.

   >> intent to steal. can you help me with that? how do they prove intent to steal, that she intended to permanently deny access to that necklace to the owner?

   >> she took it.

   >> that's what the non-legalese is.

   >> right. it's not rocket science . basically what she's going to try to say is, oh, they let me take it on approval. but, i mean, come on.

   >> let's not be so cynical. this is hollywood. there are stylists and they're constantly procuring things for their clients. is it possible that there's a lack of communication here between the store owner, the stylist and lindsay lohan ?

   >> that's what the district attorney's office is looking into now. what's the claim of the store? because what i -- what i read is that the store is basically saying they saw it on a website on her neck. that would tend to suggest that they didn't say, oh, go ahead and take it.

   >> the chain of events here, they've got video allegedly of lindsay lohan in the store, they have video of lindsay wearing the necklace in the store and then they've got this photo of her wearing it out of the store. if you're her legal team, how do you defend against that evidence?

   >> the other thing they could say supposedly is that it was given to her on approval but then she didn't give it back in time. but really that's not a defense. i mean, you could make that argument after she's arrested, but as a prosecutor, i'd tend to say let's arrest her and see what she does with it.

   >> robbie, we know this is a young lady with issues. that's been well-documented. if -- we must say if there is also a larceny issue here, is it possible the two are related?

   >> well, it's not uncommon for people who steal to have co-existing disorders. so sometimes they're alcoholics, sometimes they have eating disorders , very often there's a mood issue of depression or anxiety. so it's really not uncommon. part of what gets them to do it is the adrenalin rush. it gets them out of a depression. it feels good.

   >> well, i'm glad you bring that up. let's keep in -- again, if -- and susan is looking at me. if she stole this, what is it about larceny among people who can otherwise afford to buy things?

   >> right.

   >> it's so unusual.

   >> it's striking. you're wealthy enough -- you're wealthy enough. you can buy it. it's never about the object. it's always about trying to fill up something. maybe you're angry and you feel you're entitled to something. maybe you want to give a gift to yourself. maybe you're trying not to feel depressed or anxious. so it's always about the high that it gives you.

   >> the to boo.

   >> the feeling of control of being able to get over, being able to steal and not get noticed. so it's that -- it's that edge that it gives you.

   >> just real quickly, back to you, susan , the necklace was returned. that's a good thing. in some ways, is it also an admission of guilt?

   >> i think it is. why didn't she bring it back to it the store? why did she bring it to the police? what i also read, it seems there was a leak that the search warrant was issued for her house. and before they could get to their house, the necklace was brought back. not to the store, but to the police.

   >> she has a history of that.

   >> i think that's consciousness of guilt.

   >> no charges --

   >> no, but there's usually a pattern if you're looking at it psychologically, not legally, you -- you know, usually they -- there is a pattern --

   >> i think there's a culture of enabling going on around celebrities, around addiction and particularly around lindsay lohan . i think it's time that there's a period of incarceration.

   >> let us remember, innocent until proven guilty .

   >> but you can be incarcerated for misconduct without charges. this is a violation of probation, whether she's arrested or not, in my view.

   >> ladies, thank you both. i appreciate it.

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