What is Maintaining a Common Nuisance?

If a person lets a group of strangers, or even just one person, use drugs or take part in illegal activity at home or on their vehicle, they may be charged with “maintaining a common nuisance.” For example, if an individual allows her friend to shoot up heroin inside her apartment, they may be charged with this offense.

Be Prepared to Discuss with an Attorney

If you have been accused of this offense, you should consult with a criminal defense attorney to discuss your rights. This article is not intended to be a legal opinion or statement, and is intended for general information purposes only. It should not be used as legal advice and should not be used as a substitute for professional legal advice regarding any particular case or charge. Before engaging in a discussion with a criminal defense attorney regarding your case, it is strongly recommended that you consult with an experienced attorney in your area.

The United States government considers keeping a common nuisance as a violation of the criminal code of the United States and has designated it a felony. Individuals who have been convicted of misdemeanors related to maintaining a common nuisance may be sentenced to jail time or fines, but will also be subject to probation and community service in lieu of serving jail time.

Maintaining a Common Nuisance is a Serious Matter

The federal government does  view, maintaining a common nuisance as a serious matter. This is why, according to a law enforcement source, many people charged with misdemeanors related to maintaining a common nuisance are actually not guilty of the misdemeanor but rather of the crime they were charged with.

While some states, such as New Jersey and Illinois, do not permit the possession of illegal substances inside a residential home, other states do not consider maintaining a common nuisance an offense, as well. However, when this occurs, the state will take possession of the substances until the owner, defendant, or owner of property does away with the drug paraphernalia or drugs. in an orderly fashion. Therefore, these types of offenders may be charged for a violation of disorderly conduct, and other misdemeanor related offenses. These people would still be allowed to possess drugs at home, but may also be prosecuted for unlawful distribution of drugs, which is a more serious charge.

To Learn More About Maintaining a Common Nuisance

To learn more about what types of crimes are considered common nuisances, contact a criminal defense attorney. An attorney can determine if there are any mitigating circumstances that may lessen your penalty or even possibly drop the charges against you.