Legal Question in Criminal Law in Indiana

Charge of Maintaining a common Nuisance

What is this Charge, and why is this even a real charge? When I bailed my son out of jail the police officer could not figure out why he was being charged with this. She even stated ''I don't understand why he's even being charged with this?'' Is this just a junk charge to add on? When the police officer at the jail doesn't understand why he's being charged with this it sounds very fishy to me. Please explain to me what is being accomplished by this charge?


Asked on 4/04/07, 2:39 pm

1 Answer from Attorneys
Daniel Hancock Hancock Law Office

Re: Charge of Maintaining a common Nuisance

Here's how the statute reads:

" 35-48-4-13 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 visiting a common nuisance, a Class B misdemeanor.

(b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is 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."

Basically it's saying your son's home is used for drug activity.

Read more
Answered on 4/04/07, 2:48 pm


Related Questions & Answers

More Criminal Law questions and answers in Indiana