Updates on Lindsay Lohan’s Felony Charge! She Might Not Be Guilty!

Linds is set to hit the courtroom on the 23rd of this month to find out whether she’ll be facing MORE jail time for her latest incident of allegedly stealing a $2500 necklace. But new details in the case could actually help her! Not only were there 2 inconsistencies in the alleged victim’s report, but Lindsay also tried on some earrings at that very same store just days before and absent-mindedly forgot her more expensive earrings on the counter….showing that she can just be very forgetful at times! She is still pleading her innocence, and she has even offered to take a lie detector test to prove it! But just in case, she’s asking for a plea deal to avoid any jail time. Hit the jump for all the details.

@MarisaMendez

Four days before Lindsay Lohan allegedly stole the $2,500 necklace at the center of her felony case, she tried walking out of the same store with a diamond earring … this according to the police report obtained by TMZ … but the prior incident could actually help Lindsay’s case. According to the report, on January 18, four days before the alleged necklace incident, Lindsay went to Kamofie & Company and tried on a pair of 18 karat gold white diamond earrings. Lindsay removed one earring and left the other in her ear while she shopped.

According to the report, “Ms. Lohan gathered her things and started to leave the jewelry store without making a purchase. Ms. Lohan’s hair was flipped to one side covering the diamond earring.”

The report states, “[The clerk] stopped her and reminded Ms. Lohan she was still wearing the earring. Ms. Lohan laughed, admitted to her mistake and removed the earring from her ear and returned it to [the clerk].”

The scenario involving the earrings is similar to Lindsay’s conduct in the store when she left with the necklace.

Ironically, the earring incident could actually help Lindsay. She had absentmindedly left her own, more expensive earrings on the counter as she began walking out of the store with the single earring. And, people who know Lindsay say she’s a scatterbrain who forgets basic things all the time.

Then there’s the police report detailing how it went down that shows two puzzling inconsistencies in the jeweler’s story — inconsistencies that could help Lindsay beat the rap.

According to the report, obtained by TMZ, the jeweler first told cops Lindsay had been in the store three times before the alleged theft — looking at the necklace in question. The next day, the jeweler changed her story and said it was actually a ring Lindsay had been eyeing on previous visits and never looked at the necklace.

And there’s another inconsistency. According to the report, on January 23, the owner told cops, “The surveillance video revealed that as Kaman [owner] was talking to Lindsay’s male friend, Lohan reached up to her neck area with both hands, removed the store necklace, and placed it inside her black Chanel bag.”

But the next day, the owner changed her story, saying Lindsay walked out of her store with the necklace around her neck. The reason for the inconsistency — the owner claims she reviewed the video on a different monitor the second time and saw it differently.

The jewelry store owner’s credibility is crucial because Lindsay claims the owner loaned the necklace to her.

Lindsay Lohan insists she’s innocent but still desperately wants to plea bargain her felony grand theft case because she’s terrified of being locked up … sources connected with the case tell TMZ.

Judge Keith Schwartz set a hearing for February 23, so the lawyers can talk plea bargain. We’ve learned Lindsay is willing to plead guilty to make the case go away, provided she doesn’t get any jail or prison time.

Sources say the prosecutor wants jail time so there’s an impasse.

But there’s another way Lindsay can make this case go away. When there is only one charge on the table — as there is here — the defendant can essentially cut a deal with the judge, cutting the D.A. out of the picture. If Shawn Chapman Holley offers to plead guilty to felony grand theft, with the judge’s assurance he won’t put her behind bars, the case could go away.

And, it’s common in cases like this for the judge to reduce the offense to a misdemeanor if Lindsay stays out of trouble for 12 months.