It's a common question, and it may have bearing on you if your car is impounded. How does it work and is any evidence found permissible in court?
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The importance of knowing the right words to inform the police that you want a lawyer before answering any questions was once again shown by a recent case decided by the Indiana Supreme Court. Unless you ask for a lawyer using the proper words, the officer may ignore your request and keep asking questions to try to get you to incriminate yourself.
Steven Knecht won a reversal on appeal of a dealing in marijuana conviction based on the prosecutor’s misconduct of using the defendant’s silence after the defendant had been read his Miranda rights against him in the jury trial.
In misdemeanor cases, the right to a jury trial is not automatic.
In Indiana, a conviction may not be based upon a recanted out of court statement unless there is substantial independent evidence of probative value from which the jury could infer the repudiated statement is credible.