Criminal charges of visiting a common nuisance, or maintaining a common nuisance, can be filed against a person who is merely present somewhere drugs are being used, or who allows illegal drugs to be used in their home or vehicle. However, the crimes of visiting a common nuisance and maintaining a common nuisance require the State to prove that the defendant acted knowingly or intentionally. It you are accused of visiting a common nuisance, or maintaining a common nuisance, it is important not to waive your right to remain silent and right to an attorney. If you are in a house or vehicle where drugs are found by police, you may have a defense to a charge of visiting or maintaining a common nuisance, that you were unaware of the illegal drug activity or dealing.
Maintaining a common nuisance is a Class D felony and carries a penalty of 6 months to 3 years in prison and up to a $10,000 fine. To convict a person of maintaining a common nuisance, the State must prove that the person knowingly or intentionally maintained a building or vehicle that is used by persons to unlawfully use controlled substances, or for unlawfully manufacturing or dealing controlled substances. The Indiana Court of Appeals has held that the offense of maintaining a common nuisance is not intended to apply to an offender who has personal use quantities of illegal drugs on his person or even loose in the vehicle. The offense of maintaining a common nuisance is intended to apply to an offender who uses his vehicle or home to facilitate selling or delivering illegal drugs.
If a person is charged with maintaining a common nuisance, or visiting a common nuisance, the State must prove that they acted knowingly or intentionally. It is a defense that a person did not know that the alleged building or vehicle was used as a common nuisance. Because the burden is on the State to prove that a defendant acted knowingly or intentionally, if you are accused of maintaining or visiting a common nuisance, it is important to remain silent and never waive your right to an attorney.
