The Legal Penalties for Visiting a Common Nuisance

Did you know that your presence alone can get you charged with a crime even if you’re innocent? It’s called “Visiting a Common Nuisance”, which also relates to similar crimes called, “A Place of Common Nuisance” and “Maintaining a Common Nuisance.” Continue reading to learn what constitutes these criminal charges, what they entail in terms of jail time and court orders, as well as, how to avoid being charged with such crimes.

Indianapolis Drug Crime  Lawyer 317-636-7514
Indianapolis Drug Crime Lawyer 317-636-7514

A Place of Common Nuisance

A place of common nuisance is any private property where illegal activity is taking place. This can be a house, boat, vehicle, apartment, hotel room, or any other private residence. The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Common Nuisance

Anyone person that knowingly visits a place of common nuisance is committing a crime, and if caught, can be charged with “visiting a common nuisance.” Here’s an example of a situation where a person can be arrested and charged with this crime, without actually taking part in the illegal activity:

Ella is on vacation in New York City with her best friend, Jenny. While out on the town celebrating, they meet a group of guys who invite them back to their place for a drink. When the girls walk into the apartment, they immediately notice some guns on the counter, and some drugs laying out on the table. They decide to stay and have a few drinks, even though they do not like guns nor use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Ella and Jenny did not partake in the marijuana usage, and do not own the guns, they can be arrested and charged for visiting a common nuisance.

Maintaining a Common Nuisance

If a person allows someone, or a group of people, to use drugs or partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” For instance, if a girl lets her friend shoot up heroin in her apartment, she could be arrested and charged with this crime. The same applies to parents who allow their children to drink underage or use drugs in their home.

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Can I Still Get Arrested Even if I Was Not the One Committing a Crime?

In life, regardless of age, you must choose your peers wisely. That is because the short answer to the question, “Can I Still Get Arrested Even if I Was Not the One Committing a Crime?” is yes. It is true that your presence alone could be enough to get you arrested and charged with a crime, even if you are innocent. You see, there are such offenses that permit law enforcement to arrest anyone who is in a “place of common nuisance.” The criminal charge for being present in a place of common nuisance is aptly referred to as, “visiting a common nuisance.” Furthermore, there is even a crime referred to as, “maintaining a common nuisance.”

Continue reading to learn more about these offenses, what to look out for, and how to avoid the maximum penalties for such criminal charges.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

A Place of Common Nuisance

A “place of common nuisance” is considered to be any private property in which illegal activity is actively taking place. A place of common nuisance can be any structure, including houses, vehicles, apartments, hotel rooms, boats, and any other privately-owned residence. The most common types of crimes that occur in a place of common nuisance are the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Place of Common Nuisance

Anyone person who knowingly attends a place of common nuisance is committing a crime, and if caught, can be charged with the offense of “visiting a common nuisance.” Individuals can be arrested and charged with this crime without actually taking part in any illegal activity. Here is an example:

A girl begins dating a new guy, and visits his apartment for the first time. He lives with two other male roommates. His roommates sell illegal drugs and partake in drug use at the apartment at all times. If she were to be visiting her boyfriend’s apartment while police show up, she too could be arrested just for being somewhere where illegal activity is taking place. This rings true even if she did not partake in any drug usage or trafficking.

Maintaining a Common Nuisance

If a person permits someone, or a group of people, to partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” Imagining the same scenario as before, the boyfriend can be charged with maintaining a common nuisance for allowing his roommates to sell and use illegal drugs in the home. Similarly, if the girl lets her new boyfriend use drugs in her apartment, she could be arrested and charged with maintaining a common nuisance. The same applies to parents who allow their children to drink underage or use drugs in their home.

Facing Criminal Charges in Indiana?

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.