Criminal Law

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.

Charged with a Crime in Indiana? Why Local Expertise Matters in 2025

Published on: March 6, 2025 | by Aaron Harshman

When you’re facing criminal charges in Indiana, the world can feel like it’s closing in. The uncertainty, the legal jargon, the looming consequences—it’s overwhelming. But here’s the good news: you don’t have to face it alone. At Harshman Ponist Smith & Rayl, we live by our promise of “Trusted Counsel Close to Home.” As your local Indiana criminal defense team, we’re here to guide you through the chaos with experience, compassion, and a deep understanding of our state’s unique legal landscape. Let’s explore why that matters—and how it can change the outcome of your case in 2025.

Indiana Criminal Law: It’s Different Here

Criminal law isn’t one-size-fits-all, and Indiana has its own playbook. From the way crimes are classified to the quirks of our court system, the Hoosier State stands apart. Take sentencing, for instance: Indiana uses a “level” system for felonies—Level 6 (the lowest) up to Level 1 (the highest)—and a class system for misdemeanors (A, B, and C). A Level 5 felony drug charge might mean 1–6 years in prison, while a Class A misdemeanor like battery could carry up to a year in jail. These distinctions aren’t just trivia—they shape your defense strategy.

Facing Criminal Charges in Indiana? Here’s What You Need to Know in 2025

Published on: March 4, 2025 | by Aaron Harshman

If you’re reading this, chances are you or someone you care about is navigating the intimidating world of criminal law in Indiana. Whether it’s a misdemeanor like a DUI or a more serious felony charge, the stakes are high—and the legal process can feel like a maze with no clear exit. At Harshman Ponist Smith & Rayl, we’ve seen it all, and we’re here to shed light on what you’re up against in 2025. Let’s break down the essentials of criminal law in Indiana, what’s changed recently, and how the right defense strategy can make all the difference.

Understanding Criminal Law in Indiana: The Basics

Criminal law governs actions that society deems harmful or dangerous, from theft and assault to drug offenses and beyond. In Indiana, these laws are enforced under the Indiana Code, and penalties can range from fines and probation to years in prison. What sets Indiana apart? Our state has its own unique statutes, sentencing guidelines, and court procedures that can catch even seasoned defendants off guard.