Possession of Marijuana and Visiting A Common Nuisance

[camaro_z28]

What is the name of your state?What is the name of your state? Indiana
My friend, brother, and I were charged with Possession of Marijuana and Visiting A Common Nuisance. I live in Indiana and my friend who is only 17 years old got probation and didn't lose his license. We were all in a vehicle and we all were charged with the exact same thing. I am 18 and my brother is 19 and we got arrested and taken to jail. We may get some program offered to us but may lose our license upto 6 months. So my question is if my friend which was the owner of the Marijuana wasn't driving and didn't lose his license and I wasn't driving, would I lose my license?

 

[seniorjudge]

Q: So my question is if my friend which was the owner of the Marijuana wasn't driving and didn't lose his license and I wasn't driving, would I lose my license?

A: Post back with the statute number you were charged with. It is on the court papers. On the kitchen table.

 

[camaro_z28]

Q: So my question is if my friend which was the owner of the Marijuana wasn't driving and didn't lose his license and I wasn't driving, would I lose my license?

A: Post back with the statute number you were charged with. It is on the court papers. On the kitchen table.

I think the statute number is 85D01-0501-CM-12

 

[seniorjudge]

I think the statute number is 85D01-0501-CM-12

Nope, try again. Wasn't the number on them papers on the kitchen table?

 

[LawGirl10]

I think the statute number is 85D01-0501-CM-12

That was the court's filing number. The statute number should be right under the name of the charge on the top and/or in the text of the document.

 

[camaro_z28]

ok the statute number for Possession of Marijuana is 35-48-4-11 and Visiting a common nuisance is 35-48-4-13(a)

 

[seniorjudge]

ok the statute number for Possession of Marijuana is 35-48-4-11 and Visiting a common nuisance is 35-48-4-13(a)

http://www.ai.org/legislative/ic/code/title35/ar48/ch4.html

 

[camaro_z28]

I was charged with Possession 35-48-4-11 and it doesn't say anything that if you used it then you would be charged with that. The Marijuana wasn't on anyone. My friend put two roches in a cigarette pack and threw it underneath my seat. So if it doesn't say anything about using it then how can I be charged with this?

 

[The Occultist]

The law doesn't really specify use of the substance, merely possession. Since it was in your car, it is, in all technicality, in your possession; or if you choose to look at it a different way, it must have been in your possession before being placed in the car. That's how you can be charged with it.

 

[camaro_z28]

Well I understand that but this is the thing.. It was my brother that was driving and it was his car. It was never in my possession at any time. It was my friends Marijuana and I never touched the cigarette pack it was in. So I don't really understand why I am being charged with Possession when I never had it on me and it wasn't in MY vehicle.

 

[seniorjudge]

Well I understand that but this is the thing.. It was my brother that was driving and it was his car. It was never in my possession at any time. It was my friends Marijuana and I never touched the cigarette pack it was in. So I don't really understand why I am being charged with Possession when I never had it on me and it wasn't in MY vehicle.

Plead not guilty and have a trial.

 

[The Occultist]

Well I understand that but this is the thing.. It was my brother that was driving and it was his car. It was never in my possession at any time. It was my friends Marijuana and I never touched the cigarette pack it was in. So I don't really understand why I am being charged with Possession when I never had it on me and it wasn't in MY vehicle.

The idea is that they assume you have knowledge of the fact that the marijuana was in your friend's possession and the car, so you must have been in possession too. But yah, take seniorjudge's advice and plead not guilty.

 

[camaro_z28]

The idea is that they assume you have knowledge of the fact that the marijuana was in your friend's possession and the car, so you must have been in possession too. But yah, take seniorjudge's advice and plead not guilty.

Well I knew that he had it but I was also charged with Visiting a Common Nuisance. How can they charge me with two things that mean the same thing?

 

[seniorjudge]

Well I knew that he had it but I was also charged with Visiting a Common Nuisance. How can they charge me with two things that mean the same thing?

Possession and visiting are two different charges; they do not mean the same thing.

IC 35-48-4-13
Visiting or maintaining a common nuisance
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.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.108; P.L.210-1986, SEC.4; P.L.165-1990, SEC.13; P.L.1-1991, SEC.207; P.L.31-1998, SEC.11; P.L.17-2001, SEC.27.

http://www.ai.org/legislative/ic/code/title35/ar48/ch4.html

 

[camaro_z28]

Possession and visiting are two different charges; they do not mean the same thing.

IC 35-48-4-13
Visiting or maintaining a common nuisance
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.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.108; P.L.210-1986, SEC.4; P.L.165-1990, SEC.13; P.L.1-1991, SEC.207; P.L.31-1998, SEC.11; P.L.17-2001, SEC.27.

http://www.ai.org/legislative/ic/code/title35/ar48/ch4.html

The only reason why I say this is because The Occultist said "The idea is that they assume you have knowledge of the fact that the marijuana was in your friend's possession and the car, so you must have been in possession too." So that's just why I asked if they could give me two charges that pretty much meant the same thing. I got the idea of that since I was told that they assume that I have knowledge of the fact that the marijuana was in my friend's possession and the car. And another reason why I thought they meant the same thing is cause Visiting A Common Nuisance is using a vehicle etc. and knowing that there was drugs in the car. I'm sorry if im givin you people a headache. I'm just having a hardtime understanding all this.