Criminal charges of visiting a common nuisance, or maintaining a common nuisance, can be filed against a person who is merely present somewhere drugs are being used, or who allows illegal drugs to be used in their home or vehicle. However, the crimes of visiting a common nuisance and maintaining a common nuisance require the State to prove that the defendant acted knowingly or intentionally. It you are accused of visiting a common nuisance, or maintaining a common nuisance, it is important not to waive your right to remain silent and right to an attorney.
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Criminal charges for possession of marijuana in Indiana can be based on either actual or constructive possession of marijuana. When marijuana is found in a person's home, a resident can be found in constructive possession of marijuana when the State proves that the defendant had both the intent, and the capability, to maintain dominion and control over the marijuana. However, the presence of marijuana in someone's home, by itself, is not enough for the State to prove constructive possession.
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