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.
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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.
Steven Knecht discusses how a drug conviction can happen even without physical evidence.
You may be eligible to expunge your misdemeanor conviction five (5) years after the date the conviction was entered. This includes a Class D and Level 6 felony conviction later reduced to a Class A misdemeanor.
To qualify for expungement you must have paid all your fines, fees, court costs, and any restitution requirement. You must not had any other convictions within 5 years preceding filing for expungement. You must also have no pending criminal charges.
The prosecutor can agree to allow someone to file earlier than the five year waiting period. Early filing is completely within the pros...