Indiana Law Blog

Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Published on: April 23, 2025 | by Aaron Harshman

Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Driving under the influence (DUI)— has a slightly different name in Indiana Code: Operating a Vehicle While Intoxicated (or “OWI”) in Indiana—is a serious offense that can turn a routine drive into a life-altering legal battle. If you’ve been arrested or charged with an OWI, or are simply curious about the consequences, one of the first questions you might ask is: Is it a felony or a misdemeanor? The answer depends on several factors, including your prior record, the circumstances of the incident, and Indiana law. At Harshman Ponist Smith & Rayl, LLC we’re here to break it down for you in plain English—and help you understand what you can do about it.

DUI/OWI Basics: What Indiana Law Says

Understanding Criminal Diversions in Indiana: A Guide for those Accused and Charged with Crimes

Published on: April 18, 2025 | by Susan D. Rayl

Introduction

In Indiana, a criminal diversion agreement offers many first-time offenders a second chance. For people facing criminal charges, the concept of diversion may seem confusing, even too good to be true. However, for the right case, it can be a powerful alternative to prosecution—allowing a person to avoid a conviction, jail time, and a criminal record.

This article breaks down what criminal diversions are, who qualifies, how the process works, and why they matter under Indiana law.

What to Do If You’re Facing a Probation Violation: How Attorneys Can Help

Published on: April 16, 2025 | by Aaron Harshman

A probation violation feels like a sudden detour on your path to freedom. After working hard to comply with court orders, an alleged violation—whether it’s a missed meeting, a failed drug test, or a new offense—can threaten your future. If you’re in Indiana and searching for attorneys for a probation violation, you’re not alone. At Harshman Ponist Smith & Rayl, LLC, we understand the stakes and are here to help you navigate this challenging situation.

What Is Probation Violation?

Probation is a court-ordered alternative to jail time, allowing you to serve your sentence under supervision while following strict rules. These conditions might include:

Finding a Family Law Attorney with a Free Consultation in Indiana

Published on: April 4, 2025 | by Aaron Harshman

Family law matters—whether it’s a divorce, child custody dispute, or parenting time issue—can feel like an emotional and legal maze. The decisions you make today could shape your family’s future for years to come, which is why finding the right attorney is so critical. If you’re searching for a family law attorney with a free consultation in Indiana, look no further than Harshman Ponist Smith & Rayl, LLC. We offer free initial consultations to help you understand your options and take the first step toward resolution.

Why a Free Consultation Matters in Family Law

Facing a family law issue can be overwhelming, and the last thing you need is added financial stress before you even hire an attorney. A free consultation gives you the chance to:

No Contact Order vs. Protective Order vs. Stay Away Order in Indiana: What’s the Difference?

Published on: March 27, 2025 | by Aaron Harshman

When it comes to legal protection in Indiana, terms like “no contact order,” “protective order,” and “stay away order” often pop up. They might sound similar, but they’re not the same. At Harshman Ponist Smith & Rayl, we’re here to break it down for you in simple terms. Whether you’re dealing with harassment, domestic issues, or just need clarity, this guide explains the differences, how they work, and what they mean for you. Let’s dive into this Indiana law breakdown—perfect for boosting your understanding and our SEO game!

What Is a No Contact Order in Indiana?

A no contact order is a rule set by a judge in a criminal case. It’s usually put in place to keep an alleged victim or witness safe from the person accused of a crime, like domestic violence or stalking. Think of it as a “hands-off” warning tied to someone’s bail or probation.

Spoliation of Evidence in Indiana: When Police Destroy Your Phone

Published on: March 25, 2025 | by Aaron Harshman

In a criminal investigation, your phone might hold the key to your defense—texts, photos, or call logs that could prove your innocence. But what happens if police destroy it? At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” fighting for Hoosiers when evidence goes missing—or gets trashed. In Indiana, spoliation of evidence by law enforcement, like smashing a phone, raises serious due process questions under the U.S. and Indiana Constitutions. In 2025, this issue is critical as digital evidence dominates cases. Let’s explore how the Indiana Court of Appeals handles it—and what it means if your phone’s gone.

Spoliation in Criminal Law: The Basics

Spoliation means the loss, destruction, or alteration of evidence that could affect a case. In criminal matters, it’s governed by constitutional protections, not a specific Indiana statute. The U.S. Supreme Court set the standard in Arizona v. Youngblood (488 U.S. 51, 1988): if police destroy “potentially useful” evidence in bad faith, it violates due process. Indiana follows this, but the bar’s high—negligence isn’t enough; intent matters. Destroying a phone—say, during a search or testing—can trigger this analysis, especially if it held exculpatory data.

Self-Defense with a Firearm in Indiana: When Does Pointing It Cross the Line?

Published on: March 20, 2025 | by Aaron Harshman

In Indiana, pointing a firearm at someone can land you in handcuffs—or it can be your legal right. The difference lies in self-defense, a principle baked into Indiana law but fiercely debated in courtrooms. At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” helping Hoosiers navigate the fine line between protection and prosecution in 2025. Under Indiana Code § 35-41-3-2, self-defense can justify using a gun, but pointing it triggers scrutiny—especially through the lens of “reasonable force.” Let’s explore how the Indiana Court of Appeals interprets this, and what it means if you’re facing charges.

The Self-Defense Statute: What’s Allowed?

Indiana Code § 35-41-3-2(c) says you can use “reasonable force” to protect yourself or others from imminent unlawful force, with no duty to retreat if you’re in a place you have a right to be. For deadly force—like pointing a loaded firearm—the threat must involve serious bodily injury or a felony (per subsection (d)). Pointing a gun isn’t automatically deadly force, but under Indiana Code § 35-42-2-2(b)(2), criminal recklessness with a firearm is a Level 6 felony if it creates a substantial risk of harm. So, when does self-defense shield you from that charge? The courts decide based on “reasonableness.”

Vehicle Stops and K9 Free Air Sniffs: What Indiana Law Says in 2025

Published on: March 18, 2025 | by Aaron Harshman

A routine traffic stop in Indiana can turn into a drug bust in minutes if police deploy a K9 for a free air sniff. But when is that legal—and when does it cross the line? At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” helping Hoosiers challenge these encounters with a deep understanding of Indiana’s laws and court rulings. In 2025, the rules around vehicle stops and K9 sniffs hinge on Fourth Amendment protections and state-specific precedents from the Indiana Court of Appeals. Let’s break down a key issue—how long can police extend a stop for a sniff?—and see how the courts interpret it.

The Legal Framework: Stops and Sniffs in Indiana

Under Indiana law, police need reasonable suspicion to stop your vehicle (e.g., speeding or a broken taillight), rooted in the Fourth Amendment’s ban on unreasonable searches and seizures. A free air sniff by a K9—where the dog circles your car to detect drugs—isn’t a “search” under the U.S. Supreme Court’s ruling in United States v. Place (462 U.S. 696, 1983), meaning no probable cause is required upfront. But here’s the catch: the stop itself must stay lawful. If police prolong it beyond its original purpose just to wait for a K9, things get dicey.

Navigating Indiana’s Drug Possession Law: A Closer Look at “Possession” in 2025

Published on: March 13, 2025 | by Aaron Harshman

When you’re charged with drug possession in Indiana, the stakes are high—and the law can be a minefield. At Harshman Ponist Smith & Rayl, we’re committed to being your “Trusted Counsel Close to Home,” helping Hoosiers untangle complex criminal statutes like Indiana Code § 35-48-4-6. This law governs possession of controlled substances, from marijuana to methamphetamine, and its interpretation by the Indiana Court of Appeals often hinges on one deceptively simple word: “possession.” In 2025, understanding how courts define this term could be your key to a stronger defense. Let’s dive into the statute and see how appellate rulings shape its meaning.

The Drug Possession Statute: Breaking It Down

Under Indiana Code § 35-48-4-6(a), it’s unlawful to “knowingly or intentionally possess” a controlled substance like cocaine or a narcotic drug without a valid prescription. The penalty starts as a Class A misdemeanor (up to 1 year in jail and a $5,000 fine) but can escalate to a Level 6 felony if you have priors or aggravating factors—like possessing near a school. The statute doesn’t explicitly define “possess,” leaving room for courts to interpret what it means to “have” drugs. Is it enough that they’re near you? Do you need them in your pocket? The Indiana Court of Appeals has tackled these questions head-on.

Decoding Indiana’s Theft Statute: What the Courts Say in 2025

Published on: March 11, 2025 | by Aaron Harshman

When you’re accused of theft in Indiana, the law isn’t just about what you did—it’s about how the courts interpret what you did under the Indiana Code. At Harshman Ponist Smith & Rayl, we’re proud to offer “Trusted Counsel Close to Home,” guiding Hoosiers through the complexities of criminal law with a keen eye on statutory details. One statute that often sparks debate is Indiana Code § 35-43-4-2, the backbone of theft charges in our state. In 2025, understanding how the Indiana Court of Appeals interprets this law can mean the difference between a conviction and a dismissal. Let’s unpack a key point of statutory interpretation—what does “unauthorized control” really mean?—and see how it plays out in real cases.

The Theft Statute: A Quick Primer

Under Indiana Code § 35-43-4-2(a), theft occurs when someone “knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use.” It’s a Class A misdemeanor at its base, but it can jump to a Level 6 or Level 5 felony depending on factors like property value or prior convictions. The phrase “unauthorized control” is the linchpin—vague enough to invite interpretation, yet specific enough to convict. So, how do Indiana courts decide what crosses the line?