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  1. #1
    thaessence is offline Junior Member
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    Jan 2009
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    Visiting A Common Nuisance(need help court is real soon

    What is the name of your state (only U.S. law)?
    Indiana

    Okay so here is my story, keep in mind that my record is clean with only a seatbelt violation. I was at my friends apartment when he was weighing some marijuana out and cops were in the apartment complex looking for a party. He had the blinds closed but one blind was half broken so you could see inside the window from the outside. The cops were going to different apartments trying to find this party and when they came to my friends apartment they saw what was going on with me just sitting there watching tv while my friend was doing that. They knock on the door i answer and they talk to my friend because it was his apartment. They asked to search after they told him what they saw and he said no. They eventually got a search warrant and found all the marijuana and arrested both of us charging him with multiple charges and me with "visiting a common nuisance". I got released that night in jail because i was completely sober with no priors. My question is should i plead guilty or not guilty to the charge. Keep in mind also that this is the first time that has ever happened at that apartment, but what should I do, just go to court and plead or what should i say? Im hoping this charge will just get dropped but ive never been in this type of situation before, can anyone give me some advice? Thanks..
    Last edited by thaessence; 01-25-2009 at 05:20 PM.
  2. #2
    I_Got_Banned is offline Senior Member
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    Quote Originally Posted by thaessence View Post
    What is the name of your state (only U.S. law)?
    Indiana

    Okay so here is my story, keep in mind that my record is clean with only a seatbelt violation. I was at my friends apartment when he was weighing some marijuana out and cops were in the apartment complex looking for a party. He had the blinds closed but one blind was half broken so you could see inside the window from the outside. The cops were going to different apartments trying to find this party and when they came to my friends apartment they saw what was going on with me just sitting there watching tv while my friend was doing that. They knock on the door i answer and they talk to my friend because it was his apartment. They asked to search after they told him what they saw and he said no. They eventually got a search warrant and found all the marijuana and arrested both of us charging him with multiple charges and me with "visiting a common nuisance". I got released that night in jail because i was completely sober with no priors. My question is should i plead guilty or not guilty to the charge. Keep in mind also that this is the first time that has ever happened at that apartment, but what should I do, just go to court and plead or what should i say? Im hoping this charge will just get dropped but ive never been in this type of situation before, can anyone give me some advice? Thanks..
    Indiana Code 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.
    After reading your post and comparing it to the Indiana Code you were charged with, it sounds to me like you are guilty. Unless you made up the story that you posted and there is instead another story that includes you not knowing what your friend was doing and why, then I'm not sure how or why you would plead "not guilty"

    I think your best bet would be to consult an attorney in your area; he/she can probably help you out more than what you can do on your own.

    Others on here may have a differing point of view...

    Good luck!

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