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Maintaining a Common Nuisance Conviction Reversed

An Indiana man’s conviction for maintaining a common nuisance has been reversed by the Court of Appeals. Following a traffic stop where drugs were found in the defendant’s vehicle, the State charged him with maintaining a common nuisance, a Level 6 felony. Evidence was presented at trial that his vehicle had been used to illegally deliver a controlled substance. However, the State failed to produce evidence that the vehicle had been used for drug dealing on more than one occasion.

The Court of Appeals found that when the maintaining a common nuisance statute was amended in 2016, removing the language “one or more times,” the legislature intended to clarify that a home or vehicle must be used more than once for illegal activity to be a common nuisance. The Court found that since the State failed to produce evidence of drug dealing in the vehicle more than one time, the conviction had to be reversed.  

Have you been charged with maintaining or visiting a common nuisance? The State may not have the evidence to prove that your home or vehicle was used unlawfully on a repeated basis. It is important to contact a criminal attorney with experience defending drug cases. With offices in Lafayette, Bloomington, Fort Wayne, and Anderson, our criminal defense attorneys represent clients throughout Indiana. If you have been charged with maintaining a common nuisance, or any drug crime, contact Gibson Law Office today.