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EXCLUSIVE: Prosecution Says Fact That Lindsay Returned Necklace To Cops Is Evidence Of Guilt

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Feb. 26 2011, Published 5:45 a.m. ET

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The Los Angeles District Attorney’s office believe they have a solid case against Lindsay Lohan if she does decide not to plea and instead to go to trial to answer felony grand theft charges, according to a source close to the situation.

In addition to the incriminating surveillance video in their possession, the DA’s office believe that Lohan arranging for an associate to turn over the alleged stolen necklace to cops “shows guilt”, the source tells RadarOnline.com exclusively.

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The fact that Lindsay instructed them to return the necklace to the LAPD before a search warrant was executed at her house "proves that Lindsay stole the necklace,” the source says. “By having the necklace returned to the police, Lindsay basically admitted to cops that she was indeed in possession of the necklace. The DA will hammer this home if this case does not settle. There is absolutely no denying that Lindsay had the necklace."

The crux of the matter is that the prosecution believe Lindsay established having possession of the necklace by turning it in to cops and that is evidence of guilt.

"If the surveillance video didn't exist, the case would have still been filed against Lindsay, no doubt about it,” the source says. “Lindsay has a past that has involved accusations of theft. She is on probation, and she turned over the necklace she was being accused of stealing to cops.

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“Meyers will lay all of this out, and more if this case doesn't settle. There are details about this case that haven't been made public that would be very bad for Lindsay. This information would come out at the preliminary hearing. Lindsay should take the plea deal to avoid that happening.”

As RadarOnline.com previously reported prosecutors believe the surveillance video from the jewelry store that Lindsay is accused of stealing the $2,500 ‘one of a kind’ necklace from is “strong evidence” against the 24-year-old.

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According to a source that has watched the video Lindsay is clearly seen removing jewelry of her own when trying on the alleged stolen necklace, then is clearly seen walking out of the store with the necklace still on.

"Lindsay had removed a necklace of hers that she was wearing when she tried on the necklace in question," the source close to the case told RadarOnline.com, exclusively.

"As Lindsay was putting her necklace back on, it's apparent the store clerk was distracted by the male companion that was with Lindsay."

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The sales associate provided a statement to investigators claiming she didn't realize that Lohan hadn't taken the necklace off, RadarOnline.com has learned. 

"The video then shows Lindsay and her male friend walking out of the store, all while Lindsay was wearing the necklace," said the source.

"It's all clearly visible on the video."

Lohan is scheduled to appear in front of Judge Keith Schwartz on March 10th, 2011 at which point Lindsay will reveal whether she will take the plea deal or go for broke, and proceed to trial.

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