How Do “Stand Your Ground” Laws Apply in Self-Defense Cases?

Self-defense allows individuals to use reasonable force to protect themselves when they believe they’re in imminent danger. The core idea is that people should be able to act when threatened, without having to wait until harm occurs. Traditionally, self-defense laws imposed a “duty to retreat” if escape from the situation was safely possible.

Understanding Your Rights and Restrictions for Concealed Carry Permits

Carrying a concealed weapon comes with serious responsibility. Understanding the rights and limitations tied to a concealed carry permit is critical for anyone looking to legally carry a firearm.

How Courts Decide Custody in High-Conflict Divorce Cases

Divorce in Iowa and across the United States can be a challenging experience, but when children are involved, the situation becomes even more complicated.

Strategies for Reducing Penalties in Repeat DUI Cases

Repeat DUI convictions under Iowa law carry steeper fines, longer license suspensions, and mandatory jail terms than first offenses. Balduchi Law Office, PC in Des Moines, Iowa, advises clients facing repeat DUI charges on how to pursue every available avenue for reducing penalties.

The Impact of Drug Quantity on Possession Charges

When someone is facing drug possession charges in Iowa, the quantity of the drugs involved can significantly influence the severity of the charges and the potential penalties. Drug laws in Iowa are strict, and penalties increase with the amount of the controlled substance in question.

What Constitutes "Constructive Possession" in Drug Cases?

Constructive possession is often used in situations involving shared spaces, such as cars, homes, or apartments. It can be a highly contested issue in court, as it relies on circumstantial evidence and interpretation of a person’s proximity, knowledge, and control over the location where the drugs were discovered.

Understanding the Consequences of a Domestic Abuse Conviction

A domestic abuse conviction in Des Moines, Iowa carries severe legal, social, and personal consequences that can affect many aspects of an individual's life. The repercussions extend beyond the courtroom, influencing employment chances, housing options, child custody rights, and more.

How Are Restraining Orders Issued in Domestic Abuse Cases?

Kent Balduchi at Balduchi Law Office, PC in Des Moines, Iowa, often addresses questions from individuals dealing with domestic abuse issues and seeking restraining orders. Domestic violence can take many forms, from verbal threats to physical harm, and Iowa courts permit victims to file for restraining orders when they face immediate or ongoing danger.

Common Defenses Against Assault and Battery Charges

Facing an assault or battery charge can be a stressful and overwhelming experience. These charges carry serious consequences, including hefty fines, probation, or even jail time. However, an accusation doesn't always lead to a conviction. There are several legal defenses that can help individuals fight these charges and protect their rights.

What to Expect During the Criminal Justice Process: A Step-by-Step Guide

Going through the criminal justice process can be challenging, especially for individuals unfamiliar with its structure and procedures. In Iowa, the system is designed to assure fairness, uphold justice, and provide opportunities for rehabilitation where applicable.

When an Accident Occurs in a Rental Car

Accidents involving rental cars can be stressful and confusing, especially when considering legal obligations and liabilities. Balduchi Law Office, PC, located in Des Moines, Iowa, strives to help clients understand their rights and responsibilities after such incidents.

Are Parents Liable for an Accident Caused by Their Teen?

As a parent, one of the most exciting yet nerve-wracking milestones is when your teen gets their driver’s license. While driving offers teens newfound freedom, it also carries significant responsibility.

General Damages Vs Special Damages

Personal injury claims can feel complicated, especially when you're trying to differentiate between terms like general damages and special damages. These terms may sound like legal jargon, but they are important in personal injury cases.

Iowa Motorcycle Laws and How They Can Affect Your Personal Injury Claim

Motorcycle accidents can lead to severe injuries, often resulting in challenging personal injury claims. Understanding the specific motorcycle laws in Iowa is crucial for motorcyclists and other drivers alike.

How Iowa Motorcycle Laws Can Affect Your Personal Injury Claim

Motorcycles offer a sense of freedom and adventure that cars can’t match, but they also come with unique risks. In Iowa, specific motorcycle laws govern how riders must operate their bikes and what happens when an accident occurs.

Protection Orders & Your Right to Own Firearms

Often known as a restraining order, a protection order is a legal directive issued by a court to protect an individual from harassment, abuse, or threats. It can restrict the actions of the person it is filed against, including their proximity to the petitioner.

Domestic Violence FAQ

Domestic violence is a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. This can include physical aggression, threats, emotional abuse, financial control, and sexual assault.

Understanding Gun Seizure and Returns

Federal, state, or local law enforcement agencies have the authority to seize your firearm in several situations. Unfortunately, many gun owners are not aware of their rights when it comes to gun seizure, which is why sometimes firearms are seized unlawfully.

When Family Gatherings Escalate to Violence

Family gatherings are meant to be times of joy and celebration, bringing together loved ones to share in each other's company. Unfortunately, these gatherings can sometimes escalate into arguments and, in extreme cases, violence.

What You Need to Know About a DUI Checkpoint

When cruising the roads of Iowa, drivers occasionally encounter DUI checkpoints, especially on holiday weekends. DUI checkpoints are a great tool for maintaining road safety in Iowa. They serve as an effective deterrent for impaired driving and provide law enforcement with a proactive approach to keeping the roads safe.

DUI Diversion Programs: Do You Qualify?

DUI diversion programs, often referred to as first-offender programs or DUI diversion agreements, offer an alternative route for those faced with first-offense DUI charges.

Can I Clear a Domestic Violence Charge From My Record?

A domestic violence charge doesn't have to define your future, but it's essential to understand that every case is unique and no outcome is guaranteed. The result will depend on the specific circumstances and evidence involved.

Gun Usage for Self-Defense in an Open Carry State

Knowledge is power. And knowledge is safety. That's why Balduchi Law Office, PC is committed to helping you understand the ins and outs of Iowa law, particularly as it pertains to self-defense and the use of firearms for protection.

Are Inmate Phone Calls Private? Are They Public Record?

Anyone whose loved one is in jail or prison understands how frustrating and difficult incarceration can be for their loved one and the entire family. For many people whose freedom is restricted, visits and phone calls with loved ones are critical for their emotional and mental well-being while in jail or prison.

Can You Refuse a Field Sobriety Test? And Should You?

Operating a motor vehicle while intoxicated (OWI) or under the influence of drugs or alcohol is prohibited in Iowa. On suspicion of impaired or drunk driving, the police can stop your vehicle and ask you to take a field sobriety test, among other DUI tests. Understanding your rights with a field sobriety test is imperative to know what to do when pulled over for DUI and ensure that you do not implicate yourself inadvertently.

What Are My Miranda Rights?

Most of us have seen police shows on TV where an officer informs someone in custody that they have a right to remain silent and be represented by an attorney during questioning. This statement, required by a 1966 U.S. Supreme Court decision, is known as your Miranda Rights.

Do I Have to Let the Police Search Me? My Car? My Home?

The Fourth Amendment of the U.S. Constitution was enacted to protect citizens from any unlawful search and seizure by government authorities, including law enforcement officers. Unless under certain exceptions, it is illegal for a police officer to search a person's home, vehicle, or property without obtaining a valid search warrant or following the guidelines for conducting searches.

Dos and Don’ts After an Injury

If you have sustained an injury because of someone else’s negligent conduct, you might be entitled to financial compensation. However, you may have questions regarding what you should and should not do when pursuing compensation after an injury.

Personal Injury FAQs

If you’ve suffered any kind of personal injury in Iowa, it’s important to reach out to legal counsel. The attorneys at Balduchi Law Office, PC are ready to help you navigate the personal injury process and pursue the compensation you deserve.

Should I Still Hire an Attorney if I Think I’m Guilty?

A domestic violence charge doesn't have to define your future, but it's essential to understand that every case is unique and no outcome is guaranteed. The result will depend on the specific circumstances and evidence involved.

FAQs: Criminal Defense

If you or someone close to you has been arrested and charged with a crime, there’s a lot you’ll need to learn and understand about the criminal justice system, especially if this is a first offense.

Post-Collision Care for Loved Ones

You might remember the moment that you received a phone call informing you that your loved one had been in a car accident. Then again, you might have been traveling in the same vehicle at the time.

Improve Safety During Iowa Motorcycle Season

During June, July and August, Iowa roadways gain an increase in the presence of motorcyclists. In fact, beginning in spring as the snow melts and weather warms, many motorcycle enthusiasts cannot wait to get on the road.

3 Things to Know when Dividing a Family Business in Divorce

When you determine that your marriage includes irresolvable differences, you might make a decision that has both immediate and far-reaching implications. If you’re a parent or a family business owner, these implications may be complex, especially regarding finances.

High-Asset Divorce Starts with Knowing Your Property

If you are considering ending your marriage, or you recently started the legal proceedings to do so, you likely want to ensure you know what to expect regarding your property, particularly during a high-asset case. Iowa, like most other states, adheres to equitable distribution laws when it comes to dividing assets during a divorce.

Thinking About Divorce After the Holidays? You Are Not Alone

Many Iowa residents and those elsewhere often see the ringing in of a new year as the time to make a fresh start. For some, that could include trying to exercise more or implement heathier eating habits.

5 Examples of Negligent Driving You May See Every Day

Iowa residents have many reasons to be on the roadways, often on a daily basis. You may need to commute to work most days of the week, and even when you do not have work, you may need to run errands, like going to the grocery store or the bank.

Drug Possession Charges Could Result Even with Valid Prescription

Needing prescription medication is something that most people in Iowa and across the country will experience at some point in their lives. Whether they need anything ranging from a simple antibiotic to an opioid pain reliever, a valid prescription is necessary to obtain and use those medications.

Tips for Putting Your Best Foot Forward Regarding Child Custody

Iowa parents who are going through a divorce know how difficult it can be to try to disentangle their lives from their spouse while also having to maintain a connection for the sake of the kids. Child custody is often one of the most complicated and contentious areas of divorce to complete.

Even the Safest Motorcyclists Are at Risk of These Injuries

Riding a motorcycle is a way of life for many Iowa residents. You may have a social life and a close-knit community that revolves around your love of hitting the road on your motorcycle.

What Are the OWI Penalties in Iowa?

Across the United States, it’s illegal to drive with a blood alcohol concentration, or BAC, of 0.08 or higher. The state of Iowa has additional penalties for anyone caught with a BAC of 0.15 or more. You might get lighter penalties if this is your first offense, but if you have another OWI conviction on your record, you could be facing some serious jail time.

Were Your Miranda Rights Violated During Your Arrest?

You may never have anticipated having police take you into custody. After all, you have always done your best to be an upstanding citizen and to never purposefully break the law.

How Do Kids Feel About Divorce?

As a parent, it is difficult to know just how a divorce affects a child, especially if children are too young to understand or vocalize their feelings, or if they are older and do not want to talk to parents. However, knowing how your child feels can be crucial for parents who want to protect them throughout this process.

Do I Need an Attorney After My Slip-And-Fall Accident?

When a person falls victim to an unattended puddle, a patch of ice or a loose hand-rail, as examples, they may experience just how devastating a slip-and-fall accident can be. These injuries often do more damage than onlookers may expect, but should a victim seek an attorney for their injury?

Was Your OWI Arrest Properly Done?

In your rearview mirror, you notice the flashing patrol lights. A law enforcement officer stops you.

What Will Happen to Your Home After Your Divorce?

Divorce comes with a variety of issues and decisions to be made. One important thing you may be thinking about is what will happen to the family home during your divorce.