The Indiana Court of Appeals has reversed a man’s conviction for maintaining a common nuisance, because the State failed to prove that he used his car to facilitate dealing in marijuana. The Court ruled that the statute defining the charge of maintaining a common nuisance was not intended to apply to a person who has personal use quantities of a controlled substance in his pocket or even loose in the car. Maintaining a common nuisance is one of the most overcharged and abused criminal allegations in the State of Indiana.
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The right to a jury trial is one of the must fundamental constitutional rights that you have. However, many people unknowingly waive this right because they do not timely hire a criminal defense lawyer. In Indiana, if you are charged with a misdemeanor offense, you must request a jury trial in writing at least 10 days prior to your initial trial date. If you fail to file a written jury trial demand, you waive your right to a jury trial.
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