AKM-GSI If Lindsay Lohan pilfered any jewels, it's up to L.A.'s Finest to ferret out the truth.
Neither the troubled starlet nor anyone in her camp is commenting on allegations that surfaced yesterday claiming she's a suspect in the purported burglary that took place at a Hollywood Hills home of a friend last weekend.
A spokesman for the LAPD said investigators today will be giving the case to the Los Angeles District Attorney's Office, which will decide whether or not to file charges against Lohan.
The latest mess for LiLo began after an all-night rager at the home of wealthy pal Sam Magid, who filed a police report when some baubles went missing. Cops questioned Lohan and her assistant, Gavin Doyle, on Aug. 20, but she was not considered a suspect at the time.
Not long after that interview, Magid abruptly changed his story and claimed nothing was stolen. However, TMZ quoted sources as saying police are keeping the investigation open because they believe they have independent witnesses who can testify that Lohan and Doyle swiped $100,000 worth of watches and sunglasses.
Investigators, though, have not had any luck following up with the 26-year-old thesp and her employee, as the two have gone radio silent.
Criminal defense attorney Troy Slaten, who's not affiliated with the Lohan case, tells E! News it's highly unusual that if a victim says nothing was stolen, the LAPD would still be intent on a prosecuting.
"If he says nothing was taken, then how do you prosecute?" says Slaten. "This is pretty weak with the victim saying nothing was stolen. I don't see how you proceed at all if the victim says was nothing was taken."
Also, Slaten adds that neither Lohan nor Doyle have an obligation to talk or cooperate with the police in their investigation.
"It's the Fifth Amendment to the United States Constitution," says the attorney. "You have the right to remain silent."
Neither Lohan's attorney nor Magid were available for comment.
Perhaps in a nod to the situation, the actress tweeted a picture on Saturday of some gold trinkets along with the caption "Cleaning MY jewels J…..I love feeling like Elizabeth [Taylor]." The items, it turned out, were props from her latest flick, Liz & Dick.
Separately, TMZ also reported that Lohan may be in more trouble stemming from her car crash in June, in which her vehicle hit a big rig. The site claims Santa Monica police want to speak to her to see if she fibbed to investigators when she told them she wasn't behind the wheel.
If it's found Lohan lifted Magid's property or lied to investigators in the crash investigation, the L.A. City Attorney's Office could call the Mean Girls star back to court for a probation violation hearing in her necklace-jacking case even if she's not charged with a crime.
She was sentenced to 120 days in jail, 480 hours of community service and given probation until 2014 for that offense. (Lindsay's history also includes "borrowing" a $11,000 mink coat from an NYC nightclub in 2008 that she eventually returned under threat of charges being pressed).
Should a hearing happen, Slaten added that the City Attorney would have to bring in witnesses to prove Lohan stole something or broke the law in some way. But if it's found she did violate her probation, Lohan could be facing a year in jail minus any time she served, he said.
—Reporting by Claudia Rosenbaum