EDWARD NELSON LAW OFFICES, PLLC
31620 23rd Ave South, Suite 315, Federal Way, WA 98003
TEL: (253) 941-6340, FAX: (253) 941-6341

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We serve the following:  Washington State, Western Washington, Federal Way, King County, Pierce County, Snohomish County, King County, Pierce County, Thurston County, Everett, Lynnwood, Mountlake Terrace, Shoreline, Issaquah, Redmond, Sammamish, Seattle,
Tukwila, Renton, Kent, Auburn, Des Moines, Seatac, Federal Way, Milton, Edgewood, Puyallup, Fife, Tacoma, University Place, Lakewood, Olympia, Tumwater. Snohomish County Superior Court, Snohomish County District Court, King County Superior Court, King County
District Court, Pierce County Superior Court, King County District Court, Thurston County Superior Court, Thurston County District Court, Federal Way Municipal Court, Des Moines Municipal Court, Tukwila Municipal Court, Seattle Municipal Court, Renton Municipal Court,
Kent Municipal Court, Puyallup Municipal Court, Fife Municipal Court, Tacoma Municipal Court, Milton Municipal Court. Federal Way DUI Lawyer - DUI Lawyer - Federal Way DWI Lawyer - DWI Layer - Federal Way DWI Attorney - DWI Attorney - Federal Way Traffic
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Case Summary
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한국어 형사법/음주운전 24시간 연중무휴 법률상담
EDWARD NELSON
LAW OFFICES, PLLC
THURSDAY
AUGUST 2, 2018
On August 2, 1937, Congress passed The Marihuana Tax Act that placed a tax on the sale of cannabis.  Individual
possession and sale became illegal and a tax was imposed on its sale, distribution, or cultivation.  The Act was
repealed in 1967, but was replaced with the Controlled Substances Act of 1970 regulating the manufacture,
importation and possession of certain substances.
On August 2, 1937, the Korean Provisional Government (KPG) promulgated its declaration for the unification of
overseas Korean independence movements.  In 1937, Korea remained under Japanese occupation.  A provisional
constitution had been enacted in 1919 and the KPG acted as a Korean government in exile based in China.  Syngman
Rhee, the first President of the Republic of Korea after the Japanese surrender following World War Two had been
the first president of the provisional government.

More History . . .
RECENT CASES
Washington Supreme Court

State of Washington v. Edgar Denis III, Decided July 26, 2018, 6-3 ruling

Under RCW 9.41.040, a felony offender having previously been convicted of a class C felony may petition to restore his or her firearm rights after five or
more consecutive years in the community without being convicted or currently charged with a new offense.  The court clarified that any five year period
following the last felony sentence, during which the petitioner remained conviction free, satisfies the requirement for eligibility to petition for restoration of
firearm rights.
Washington Supreme Court

State of Washington v. Joaquin David Garcia, Decided on July 05, 2018

Unlawful Possession of a Firearm

RCW 9.41.047(1)(a) requires notice at the time of conviction of the ineligibility to possess firearms.  Garcia did not receive this statutory notice at the time
of his conviction.  However, the Court concluded that such a deficiency acts only as a bar to using that predicate offense to support the charge of
Unlawful Possession of a Firearm (UPFA) and that the lack of statutory notice can be overcome where a person, like it concluded did Garcia, has
"otherwise acquired actual knowledge" of his or her ineligibility to posses firearms.
United States Supreme Court

Trump v. Hawaii, Opinion on June 26, 2018

A 5-4 decision.  Reversing a series of lower court decisions, the Supreme Court ruled that the president lawfully exercised the broad discretion granted
under 8 U.S.C. section 1182(f) to suspend entry of alien travelers into the United States; here from several predominantly Muslim countries.  The Court
found the travel restriction fell squarely within the president's authority and rejected claims that the ban was motivated by religious hostility.
United States Supreme Court

Carpenter v. United States, Opinion on June 22, 2018

A 5-4 decision.  Law enforcement officers need to obtain a search warrant in order to collect cell-site mobile telephone location data from customers of
cell phone companies.  Prosecutors violated the Fourth Amendment, which bars unreasonable search and seizures, by collecting vast amounts of data from
cellphone companies that showed Timothy Carpenter's movements.  Police used cell-site records from his cellphone provider to place him at the vicinity of
a series of armed robberies without having first obtained a search warrant for the records.
Washington Supreme Court

State of Washington v. Edward Leon Nelson, Decided on June 14, 2018

The State has to prove only two essential elements in a prosecution of criminal attempt: (1) intent to commit a specific crime, and
(2) any act which is a substantial step toward the commission of that crime.  Further, Robbery can occur even where the victim in
possession of the item has no legally cognizable claim to that property, such as robbing a thief of the property.  In a robbery
prosecution, a victim must be alleged, but the State does not need to separately prove that the victim had care, custody, control,
or management of the property.  
United States Supreme Court

Collins v. Virginia, Opinion on May 29, 2018

A 8-1 decision.  The automobile exception to the Fourth Amendment's search warrant requirement does NOT permit a police officer, without a warrant, to
enter private property to search a vehicle parked on that property a few feet from a house.  The automobile exception applies only to automobiles, and not
to houses.  The area immediately surrounding and associated with a home (in this matter the back of the driveway) is within the curtilage, a part of the
home itself for Fourth Amendment purposes.  While a warrantless search of an automobile may be permissible in limited circumstances, a warrantless
search of an automobile parked within the curtilage of a home is not permissible under the Fourth Amendment.
United States Supreme Court

Byrd v. United States, Opinion on May 14, 2018

A 9-0 decision.  The mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her
otherwise reasonable expectation of privacy.  A person named Reed rented a car while a person named Byrd waited outside.  Byrd was not listed on the
rental agreement, but Reed gave him the keys to the rental car.  The driver of a rental car can challenge a warrantless search of the vehicle even if the
driver is not listed as an authorized driver on the rental agreement.  Breach of
the rental contract alone has no impact on the expectation of privacy.
DUI DEFENSE
Our office is highly committed, with 20 years of
experience, assisting clients arrested for DUI and other
criminal offenses.  We work hard to obtain the best
possible outcome for each individual client.  

Call Today for a FREE consultation.

(253) 941-6340
DUI QUESTIONS
DUI LAWS
TRAFFIC TICKETS
Edward Nelson also represents clients throughout
Western Washington cited for traffic tickets such as
SPEEDING, Failure to Signal, Cell Phone/Texting
Violation, Red Light, No Insurance or other MOVING
violation that can affect your driving record.
TRAFFIC LAWS
 
FAMILY IMMIGRATION
We also have the pleasure of helping clients who may
not yet have official immigration status, obtain
permanent residence in the United States.  We help
families with their petitions and/or applications for
"green cards" or citizenship.  The process involves
ensuring the proper completion of multiple forms and
the submission of the correct supporting documents
that will put you in the best possible position to have
your petition/application granted by the Immigration
Service.