Tacoma Juvenile Defense Lawyers for Minor Possession

Washington law enforcement agencies are actively cracking down on minors in possession of alcohol and drugs, with officials claiming that it is a ‘zero-tolerance’ policy. Even if a young person is not drunk or under the influence of narcotics at the time, if police find drugs or alcohol on their person or in their vehicle, then they may receive Minor in Possession (MIP) charges.

With the guidance of a strong defense attorney, the penalties for these charges may be reduced, and a damaging criminal record may be avoided. There are a number of ways to try and avoid penalties including legal or factual issues with the case, negotiations with prosecutors, or even pursuing a diversion agreement if it suits the client’s needs.

At South Sound Law Group, our Tacoma juvenile defense lawyers for minor possession have years of experience providing legal defense to those charged with crimes. We believe that no charge is too large or too small and that every defendant deserves respectful and dedicated legal representation. Contact our law office today to schedule a free consultation to see how we can help.

What Are the Potential Penalties for a Gross Misdemeanor Charge?

In Washington, anyone under 21 in possession of alcohol or drugs is breaking the law. As the Washington state Attorney General’s website plainly says, “You don’t have to be buzzed to be busted.” It does not even need to be your beer. If you are driving and you are not 21, and your underage friend has a beer under their seat, you could lose your driving privileges.

MIP is a gross misdemeanor. If this were a minor’s first offense for alcohol possession, they are likely to have a driver’s license suspension, which could last between 90 days and one year.

A minor who has consumed alcohol but who is not currently in possession of that alcohol when police approach them will face the same consequences. This charge is referred to as Minor in Consumption.

Although a first-time offender’s conviction will likely not result in the maximum penalty, it is essential to note that the maximum sentencing for MIP charges is up to one year in jail.

How Long Does a Washington Minor In Possession Conviction Stay on Your Record?

A common misconception is that Minor in Possession (MIP) convictions are automatically sealed in Washington state. Under state law, an MIP may only be set aside or vacated from an individual’s record within three years if the specific legal criteria are met.

For example, an individual convicted of a misdemeanor in possession (MIP) must wait at least three years after their sentence is complete before applying to vacate their conviction. During the three-year waiting period, the individual must not have been convicted of any new crimes. Additionally, the applicant must have no current domestic violence or no-contact orders.

As with any legal matter, it is always in your best interest to hire an experienced attorney like those of South Sound Law Group to assist you with vacating an MIP conviction.

Are There Different Criminal Consequences for Possession of Alcohol and Drug Possession?

If a minor is convicted of drug possession, they will likely lose driving privileges and could face up to a year in jail and thousands of dollars in fines.

A minor in possession of a drug, or having a drug like marijuana in their system, is charged as a misdemeanor in Washington. A person needs to be 21 years of age to possess or use marijuana in the state legally.

The only exception to these rules is if the minor’s licensed physician prescribed the marijuana. If you have questions about the consequences of juvenile crimes and how they can affect your child, it is best to consult a knowledgeable attorney. A knowledgeable attorney can review the criminal charges and help you determine the available legal options.

Can a MIP Charge Be Reduced or Dismissed?

One of the most common questions parents ask in juvenile cases is whether the charges can be reduced or dismissed. In some instances, Washington state prosecutors can be convinced to reduce or dismiss MIP charges, especially if it is a defendant’s first offense.

Diversion Programs

One of the prosecutors’ most preferred options to help minors avoid convictions is diversion programs. Common diversion programs include community service or alcohol or drug education programs. Upon completing the diversion program, the defendant can have their MIP case dismissed.

Continuance With Dismissal

A “continuance with dismissal” is an agreement in which the defendant agrees to fulfill specific requirements, and upon completion, the prosecutor will dismiss the charges. Some of the conditions stipulated by prosecutors include mandatory participation in a drug or alcohol treatment program.

How Can an Attorney Help Fight MIP Charges?

If convicted of possession of alcohol or drugs at an unlawful age, young people may risk driver’s license suspension, fines, probation, and even jail time. Such a conviction could result in the lasting stain of a criminal record following the young person around as they grow up and mature. A criminal record can make it more challenging to secure employment, apply for student loans, join the military, find suitable housing, or attend their desired college.

Some common defenses that attorneys often use to fight MIP charges include:

• The officer lacked probable cause to question the minor
• The intoxication was involuntary
• The substance in question was not drugs or alcohol

A lawyer experienced in criminal defense can help challenge the charges, craft a plea bargain, or advise the defendant on matters related to a diversion agreement. Your lawyer may also be able to assist you in lifting the driver’s license suspension early.

Why Should I Trust Your Tacoma Juvenile Defense Lawyers to Handle a Minor Possession Case?

Possessing alcohol or narcotics while underage can result in serious legal consequences that negatively impact the defendant’s life for years to come. You want an experienced legal team to provide you with a strong criminal defense.

To discuss your case, please call our offices to schedule a free consultation today at 253-465-2722.