What will someone get for maintaining a common nuisance with no other prior records?

My friend called the police on someone who broke into his house. When they got there they said it was a crime scene and they could search his house. They found three plants of marijuana, the tallest maybe 1 ft high, in his house. Both him and his girlfriend got charged with the same thing. They are afraid of losing their home and jobs. It’s not like he was selling or anything, it was for himself.

Asked on July 1, 2009 under Criminal Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If all they are being charged with is "maintaining a common nuisance," it's probably the lowest-level misdemeanor charge;  I'm not an Indiana attorney and your friend should talk to a lawyer in his area, for reliable advice based on all of the facts. 

This sounds like it isn't even a drug charge, it's the sort of thing that ordinarily is disposed of with a fine and court costs, and isn't considered a "crime."  But it also sounds like a "warning" from the police, and I doubt that another incident would get the same treatment.


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