Indianapolis Drug Crime Defense AttorneyIn the attempt to continue waging an active drug war, the government has several legal remedies available to help prosecute any individuals that are believed to be involved in illegal drug activities. One of the most often used tools of the government is the “Maintaining a Common Nuisance” charge. If you have been charged with maintaining a common nuisance in relation to a drug crime, you need the assistance of an Indiana drug crimes attorney. Call our office at (317) 721-9858 or email our office at [email protected].
What is a Common Nuisance?
According to Indiana law, a place of common nuisance is any private property where any type of illegal activity is taking place. Private property areas include the following:
- House
- Boat
- Vehicle
- Apartment
- Hotel room
- Motel room
- Airbnb
- Clubhouse
- Garage
The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal controlled substances and/or drug paraphernalia. Illegal substances include any of the drugs that fall on the schedule of the DEA controlled substance. Controlled substances are not required to be sold at the location. Controlled substances can just be stored in the space, and the property holder can be charged with a Class D or Level 6 Felony.
Indiana Law Regarding Maintaining a Common Nuisance
Sec. 13. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance commits to visiting a common nuisance, a Class B misdemeanor.
(b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other places that are used one (1) or more times:
(1) by persons to unlawfully use controlled substances; or
(2) for unlawfully:
(A) manufacturing;
(B) keeping;
(C) offering for sale;
(D) selling;
(E) delivering; or
(F) financing the delivery of; controlled substances, or items of drug paraphernalia as described in IC 35-48-4-8.5; commits maintaining a common nuisance, a Class D felony.
Defenses to Maintaining a Common Nuisance Charge
There are certain defenses to maintaining a common nuisance charge in Indiana. Though not all-inclusive, one of the primary defenses to maintaining a common nuisance charge would be if:
(1) the location was not primarily used for specified unlawful acts;
(2) the charged offense involves less than a specified quantity of marijuana, hashish, hash oil, or salvia or involves paraphernalia; and
(3) the person does not have a prior unrelated conviction for maintaining a common nuisance.
There are other defenses that could be used to fight this particular crime related to drug charges, which is why we suggest reaching out to Indiana drug crime defense attorney, Jesse K. Sanchez for assistance in fighting this particular charge.
Call a Skilled Drug Crime Defense Attorney
Fighting against charges related to drug crimes in addition to providing criminal defense for a number of other charges is what we do the best. Our phone number is (317) 721-9858, email us at [email protected], perform a quick search for “drug crime attorney near me” or even search “drug dealing attorney near me”, and our office will show up right there. We look forward to helping alleviate what could be an extremely stressful time, receiving a charge for maintaining a common nuisance in Indiana.
