It's the Law: Getting arrested for being with a lawbreaker

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The Times is doing a series of articles highlighting commonly broken laws, explaining common misconceptions about the laws and detailing what types of actions will get a person arrested. Today, we examine how a person can be arrested for simply being with a lawbreaker. To suggest a law for The Times to highlight, contact the writer.

Most people realize they will go to jail if they are caught burglarizing a house or taking illegal drugs.

But what many people fail to consider is that they can be arrested just for being in the same car, house or other location with an offender.

For example, if police discover drug usage in a car, house or other location, the homeowner or driver can be charged with felony maintaining a common nuisance. But the people who are with the offender can be arrested on misdemeanor visiting a common nuisance charges.

"They're surprised at the charge, but when it's explained to them how the law reads, then they understand it," Porter County police Lt. Chris Eckert said.

Eckert said some might argue that they shouldn't be arrested because, while they knew others were doing drugs, they chose not to do drugs. But Eckert said the non-users chose to be around the illegal activity.

"If you know any kind of narcotics are being used at a residence, hotel room or any place, don't go there," Eckert said. "Even if you're not using, you can be charged."

The same concept applies to people who act as lookouts or getaway drivers, or otherwise assist criminals like burglars and robbers. Even though the assisting people aren't committing the crime themselves, their participation qualifies them to face serious penalties.

An example is the 2007 home invasion in Portage in which one man burglarized the home and raped the female homeowner while the other man waited outside in a car. The main perpetrator received a 30-year sentence on burglary and rape charges, while the driver received a 15-year sentence on an aiding in burglary charge.

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