Lindsay Lohan was too "busy" to return the necklace she has been accused of stealing.

The troubled actress - who is currently on probation stemming from a driving under The Influence conviction in 2007 - has been accused of taking a $2,500 necklace from upmarket Californian boutique Kamofie & Company and claimed she tried to bring it back to the store but did not have time.

According to a police report obtained by gossip website TMZ, Lindsay's assistant said: "Ms. Lohan was in possession of the necklace and wanted to give the necklace back to the store the day after she took it from the store, but she was very busy."

Lindsay has pleaded guilty to felony grand theft over the incident, with friends insisting she was allowed to borrow the necklace, but the store later changed their mind after she failed to get them publicity.

While the 24-year-old star's team have been trying to agree a plea deal over the case - which counts as a breach of her probation - her lawyer Shawn Chapman Holley believes the charge is unfair as she disputes the estimated value of the piece of jewellery.

Shawn said: "We intend to challenge the prosecution's case because the truth is, Ms. Lohan didn't steal anything. But even if she had, it seems to me that the appropriate charge, based on the fair market value of the goods, should have been petty theft and not grand theft.

"A $5 lump of coal with a $2,500 price tag is still a $5 lump of coal."

Lindsay must return to court on February 23.