Visiting or Maintaining a Common Nuisance and Indiana Law by Criminal Attorney Jeff Cardella
If you have a Visiting or Maintaining a Common Nuisance case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law. I have defended at least a thousand common nuisance cases in my career and taught how to fight these cases in my course at the law school.
What You Need to Know About Visiting or Maintaining a Common Nuisance in Indiana
Visiting or maintaining a common nuisance in Indiana is a criminal offense under IC 35-45-1-5, often encountered in drug-related investigations across the state, including Indianapolis. This charge can arise even if someone is not directly using or selling substances, simply by being present at or controlling a location tied to illegal activity.
Understanding the specifics of Indiana’s visiting or maintaining a common nuisance law helps clarify risks in social situations, residences, or vehicles where prohibited conduct occurs.
Definition of a Common Nuisance in Indiana
A common nuisance refers to any building, structure, vehicle, or place used one or more times for unlawful activities such as:
- Purchasing alcohol for minors in violation of state law.
- Unlawful use, keeping, or sale of legend drugs.
- Unlawful manufacture, possession, sale, delivery, or financing of controlled substances or drug paraphernalia.
- Providing a location for human trafficking violations.
In Indianapolis and throughout Indiana, visiting or maintaining a common nuisance charges most frequently involve controlled substances, arising from police responses to complaints about suspected drug activity in homes or vehicles.
Visiting a Common Nuisance in Indiana: Key Elements
A visiting a common nuisance charge applies when someone knowingly or intentionally enters or remains at a location qualifying as a common nuisance. The state must demonstrate awareness of the illegal activities, which could be inferred from circumstances like repeated visits or visible evidence.
Typical scenarios include being a guest at a residence where substances are used or a passenger in a vehicle during a stop where paraphernalia is found. Personal possession is not required for this charge.
Maintaining a Common Nuisance in Indiana: What It Entails
Maintaining a common nuisance is a felony offense involving knowingly or intentionally controlling a location (as owner, renter, or operator) and permitting its use for prohibited purposes. This often targets property controllers who overlook or allow recurrent illegal conduct.
In practice, maintaining a common nuisance charges in Indiana frequently result from ongoing complaints leading to multiple police interventions at the same site.
Penalties for Visiting or Maintaining a Common Nuisance Charges in Indiana
Consequences vary by the nature of the underlying activity and factors like involvement of minors or prior convictions.
Visiting a Common Nuisance Penalties
- Class B Misdemeanor (standard for alcohol, legend drugs, or controlled substances): Up to 180 days jail and fines up to $1,000.
- Class A Misdemeanor (human trafficking-related or taking minors/endangered adults to the site): Up to 1 year jail and fines up to $5,000.
- Level 6 Felony (prior conviction plus minors/endangered adults involved): 6 months to 2.5 years prison and fines up to $10,000.
Maintaining a Common Nuisance Penalties
Charged as a Level 6 Felony, punishable by 6 months to 2.5 years imprisonment and fines up to $10,000, with possible enhancements.
Defenses Available for Visiting or Maintaining a Common Nuisance in Indiana
Effective defenses often challenge the required knowledge, the recurrent nature of the activity, or specific statutory protections.
- Absence of knowing or intentional conduct regarding the illegal activities.
- Lack of evidence showing repeated use sufficient to establish “common” status.
- Statutory defense for maintaining cases involving only small amounts of marijuana (under 30 grams), hashish/hash oil/salvia (under 5 grams), or related paraphernalia, with no priors.
- Issues with evidence collection, such as unlawful searches.
Frequently Asked Questions: Visiting or Maintaining a Common Nuisance in Indiana
Can vehicles be considered common nuisances in Indiana?
Yes, vehicles involved in substance-related activities often lead to maintaining charges for drivers and visiting charges for passengers.
Is a single incident sufficient for a common nuisance charge?
The statute permits charges based on one or more uses, but establishing “common” typically requires proof of ongoing or repeated activity.
How do prior convictions affect visiting a common nuisance charges?
A prior unrelated conviction can elevate the offense to a Level 6 felony when minors or endangered adults are involved.
Is there a specific marijuana defense for maintaining a common nuisance?
Yes, a defense applies if the case involves only limited quantities of marijuana or related items and no prior convictions for this offense.
Are these charges common in Indianapolis drug cases?
Visiting or maintaining a common nuisance charges are regularly added to possession or other drug offenses during investigations in urban areas like Indianapolis.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Visiting or Maintaining a Common Nuisance law, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)