When going through a divorce, one of the most common misconceptions is that marital property will always be divided equally. In Indiana, however, the law focuses on what is fair, not necessarily what is equal. This distinction is crucial for anyone considering divorce in the state.

Equal Division Presumption

Indiana law starts with a presumption that dividing marital property equally (50/50) is just and reasonable. This is a baseline, not a rigid rule.  A presumption just means that is what the court will assume until the court is provided evidence that there is more-fair split.

When a couple decides to end their marriage, dividing property can be one of the most challenging and emotionally charged parts of the process. In Indiana, understanding how the state defines the marital estate is essential for anyone considering or going through a divorce. Let’s break it down clearly and simply.

 What is the Marital Estate?

In Indiana, the marital estate includes all property owned by either spouse at the time a divorce is filed. This is known as the “one-pot” theory, meaning (almost) everything goes into a single pool regardless of when or how it was acquired.

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

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 arewho qualifieshow the process works, and why they matter under Indiana law.

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:

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:

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.

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.

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.”

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.

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