Understanding the Criminal Justice System
It’s not an unusual situation – you go to a party or to someone’s house, and people are using drugs. Maybe it’s marijuana, which remains illegal in Indiana for recreational use, or maybe it’s something even stronger like cocaine, methamphetamine, fentanyl, heroin, or something else. You don’t control these people, and you might think that it’s not your fault they are choosing to take a risk by using illegal drugs.
The problem is that you can also find yourself under arrest and facing charges simply for being there, even if the strongest thing you’ve consumed is a diet pop.
The important question in this kind of case is whether the place you’re at satisfies the definition of a “common nuisance” under Indiana law. If it does, you can be charged with a Class B or A misdemeanor, or a Level 6 felony, depending on the situation – even if you were not using, holding, selling, or making any illegal drug while you were there.
A “common nuisance” under Indiana law is any place that is used to unlawfully use, manufacture, keep, offer for sale, sell, deliver, or finance the delivery of a “controlled substance” or an “item of drug paraphernalia.” This means that even if the only activity going on at the place you are visiting is drug use – no sales or manufacturing is happening – you can still be charged with a crime simply because you were there.
So if you go to a friend’s house and illegal drugs are being used, you could be charged with a Class B misdemeanor. The crime is one of intent: prosecutors must prove that you “knowingly or intentionally” visited the location. That can be easier for them to prove if you stayed after learning that illegal drug use was going on while you were there.
If you take a child with you to the party and stay there after you realize that drugs are being used, you can be charged with a Class A misdemeanor. If you do that and have been convicted of this offense before, you could face a Level 6 felony charge.
Conviction of a Class B misdemeanor can mean up to 180 days in county jail and a $1000 fine. A Class A misdemeanor conviction can land you in jail for up to 365 days and result in a $5000 fine. And a Level 6 felony conviction can result in a 6-month to 2-year prison sentence and a $10,000 fine.
Being charged with visiting a common nuisance is the classic case of what can happen if you are in the wrong place at the wrong time. It can be enormously helpful to be working with one of the experienced criminal defense attorneys from Razumich & Associates. We know the laws in this area and what prosecutors must prove before you can be convicted. We’ll use our experience helping clients charged with all types of crimes in courts all across Indiana to help you, too.
Contact Razumich & Associates today if you’ve been accused of visiting a common nuisance. We can be reached at 317-983-5333 or by filling out our online contact form. Don’t try to defend yourself when a criminal conviction is on the line!
