David R Partovi's Answers

David R Partovi
Spokane Criminal Defense Attorney.
Contributor Level 7

2

Attorney answers:

  1. David R Partovi
  2. Alan James Brinkmeier

2 pounds pot.seattle,wa.20 years old.never been in trouble.Pot found in the car.Police found gun in the home.What will happen.

Asked by a user in Seattle, WA - about 3 years ago.

Let me see if I can rephrase your question: The police pulled the defendant over for driving on a suspended license and found two pounds of pot in the car when they searched it incident to arresting the driver. Somehow, they got into the house and found a gun. Will they let it slide? The answer is no, they won't let it slide. That is a whole lot of pot and the law is very unforgiving about guns. The good news is that there may be a problem with the search. This week, the United States...

1 person marked this answer as helpful

2

Attorney answers:

  1. David R Partovi
  2. Douglas G Anderson

Washington state, Coming out of store was written a driving while suspended ticket.

Asked by a user in Spokane, WA - about 3 years ago.

It's probably not illegal, there is likely to be some allegatioin by the officer that he or she observed you exit the vehicle and enter the store. Without knowing more details it seems like a very defensible case. Driving While Suspended is a low level allegation and if you get a chance to talk to the prosecutor assigned to the case they may not want to deal with it.

1 person marked this answer as helpful

1

Attorney answers:

  1. David R Partovi

How do I get a maintenance agreement enforced if we both agreed to it?

Asked by a user in Pasco, WA - about 3 years ago.

Court orders are enforceable. If you have exhausted every possibility of having him honor the agreement voluntarily, one of the methods of enforcing the order is to make a motion for contempt in the court where the maintenance agreement was filed. You would need to serve him with a copy of the motion for contempt and a note for hearing so that he knows when to appear and defend himself. The best advice is probably to hire a lawyer and try to get the judge to order your ex to pay the...

1

Attorney answers:

  1. David R Partovi

Why is it i went to get my file from my ex lawyer he told me he had to go through it and get some papers out cause i cant see it

Asked by a user in Spokane, WA - about 3 years ago.

You should really ask that lawyer why you cannot see things in your file, but there may be very normal reasons or some documents you are not entitled to keep. Generally, an attorney's notes are not the property of the client and not subject to disclosure to the client. Sometimes lawyers need to write things that clients might be upset to read and it could be something like that. It does not seem especially sinister, but you should be able to address the issue with the lawyer directly. Keep...

1

Attorney answers:

  1. David R Partovi

Do i have to go to court when it's mandatory? or is there some type of administrative hearing.? i live 300 mi. from city of cita

Asked by a user in Bothell, WA - about 3 years ago.

If the court hearing is mandatory, you need to appear in person. Sometimes a lawyer can deal with the case without you being present, but only by delaying the hearing date or settling the case. Your case sounds like one that could settle. A police officer must have some suspicion to believe that you are violating the law in order to contact you. If the officer is not able to articulate a reason to contact you, you are likely not guilty of failing to identify yourself. If the officer did...

1

Attorney answers:

  1. David R Partovi

DWLS 3rd Degree - I now have my license back. What should I expect to happen in court?

Asked by a user in Olympia, WA - about 3 years ago.

Driving while suspended is fairly low level case and if you get your license back, the government can become pretty forgiving. When you go to court in May, you have a chance to talk to the prosecutor before paying a lawyer to see if they will throw it out since you got your license. A bond forfeiture does not seem out of the question, but you will want to consult a lawyer familiar with the local practice in the court.

1

Attorney answers:

  1. David R Partovi

Qustioning of a child without an adult

Asked by a user in Kennewick, WA - over 3 years ago.

There is no rule that police cannot question your son without you being present, but there are many other rules that need to have been followed. Child Rape 1 is an extremely difficult charge but there is often very limited evidence in such cases and young witnesses can be manipulated to say things that are not perfectly true. You should pose your question to your lawyer and if you do not have one, you need one immediately. Public Defenders are often some of the best lawyers in thier fields,...

2

Attorney answers:

  1. David R Partovi
  2. Jeffrey Patrick Bassett

DUI DWLS 3RD

Asked by a user in Olympia, WA - over 3 years ago.

Getting your license back will help if you can do it, but you'll need to work with your lawyer. There's a mandatory 30 day penalty for DWLS 3 while on probation for DUI so you need your lawyer to either beat it or negotiate a resolution that keeps you out of jail. DWLS 3 is typically very easy for the government to prove so do whatever your lawyer needs in order to sucessfully negotiate an outcome that allows you to avoids jail time.

1

Attorney answers:

  1. David R Partovi

How long does the District Attorney have to charge me after a felony drug offense? When do i have access to a Public Defender?

Asked by a user in Lafayette, LA - about 3 years ago.

The Statute of Limitations on a felony drug crime is three years. I have a very hard time believing that you have not been charged with a crime. If you are not charged with a crime, nobody has any jurisdiction to order you to do anything like be in jail. You are almost certainly charged with a crime and I only say almost because I don't know anything about the case. I cannot think of a way you could be legitimately "in jail" and not charged with a crime.

2 people marked this answer as helpful

1

Attorney answers:

  1. David R Partovi

Can a parent take there child out of state if the have joint custody with the other parent or how does that work?

Asked by a user in Lincoln, NE - about 3 years ago.

You have to go back to court. You have to provide written notice to the father that you wish to move, he has a period of time to respond and if he does, you have to let the judge decide. The law is on your side, but it is a violation of the law to leave without going through the process. If you simply leave, the father can force you back and you run the risk of being accused of all sorts of stuff you do not want to deal with.