Minor in Possession

Under Washington state law, minors who are found in possession of drugs or other prohibited substances can face some pretty serious legal consequences. Minors in possession (MIP) is an offense that occurs when someone under the age of 21 is found possessing, consuming, or attempting to purchase alcohol or controlled substances.

In Washington, this is considered a gross misdemeanor offense as outlined in the Revised Code of Washington (RCW), which we will take a closer look at below.

MIP laws are in place to help curb underage access to and the misuse of alcohol and drugs. Minors shouldn’t be actively consuming these substances, or they can face some serious charges. Simply, even being in possession can lead to some pretty severe legal consequences. For example, a minor found holding an open beer or standing by illicit drugs in a private gathering can be charged under MIP statutes, which we will outline more below.

Possession is a broadly defined term and can include actual possession (actively holding the substance) or constructive possession (having access to the substance in a vehicle, backpack, or room). Even direct involvement, like enabling another’s possession or consumption, can result in charges.

Key Statutes Governing MIP

• RCW 66.44.270: This statute prohibits minors from consuming, possessing, or acquiring alcohol. Violations of this law may result in fines, community service, and the potential suspension of driving privileges.
• RCW 69.50.4013: This statute discusses the unlawful possession of controlled substances. It applies to minors who have been caught with illicit drugs like marijuana (if under the age of 21), cocaine, or prescription medications without a valid prescription in their name. These charges can even be escalated to felonies.
• RCW 9A.76.020: This statute concerns obstructing law enforcement like when a minor tries to evade a police officer or gives them false information during an investigation. It is often an additional charge filed.

The Penalties for MIP in Washington State

The penalties minors in possession can face in Washington come down to the nature and circumstances of each offense they are being accused of:

• Alcohol Possession: If you are found with alcohol, there may be fines of up to $500 and mandatory community service. You may even have to complete an alcohol education program.
• Controlled Substances: Charges for controlled substances can escalate to felony-level offenses, depending on the quantity and type of drug you are found in possession of.
• Driver’s License Suspension: For alcohol-related MIP offenses, the Department of Licensing can suspend the minor’s driver’s license for 90 days or up to one year.
• Juvenile Records: A conviction of this nature can impact a minor’s educational and employment opportunities. Remember, juvenile records might not automatically seal upon reaching adulthood.

Why You Need a Criminal Defense Attorney for MIP Charges

If you are about to face a MIP charge without legal representation, you may quickly find that it can result in long-term consequences that can affect the minor’s entire future. A criminal defense attorney offers the experience needed to do the following:

• Evaluate the evidence. Your attorney can look at all the evidence presented and see if there are any instances of procedural errors or violations of the minor’s rights during the arrest or throughout the investigation.
• Negotiate for Diversion Programs: Many juveniles qualify for diversion programs, which can result in dismissed charges once the programs are completed.
• Records Sealing: Your defense attorney can also help you petition to seal juvenile records. This can minimize future repercussions.
• Protect Educational Opportunities: With the right legal guidance, minors can mitigate how MIP charges impact their future college admissions chances and financial aid eligibility.

Considerations in Western Washington

Western Washington, known for its vibrant communities, stunning landscapes, and thriving educational institutions, provides an excellent space for addressing juvenile issues and charges like a minor in possession.

Located here are prominent universities like theUniversity of Washington andWestern Washington University, which shows how this area can attract a younger demographic.

College towns also often report higher instances of MIP violations, which necessitates the need for more proactive legal measures to help these students avoid minor-in-possession charges.

There are many community resources aimed at rehabilitation and education for minors, like substance abuse counseling and youth mentorship programs to get them headed on the right track. The natural beauty of Washington—from theOlympic National Park to the shores ofPuget Sound—serves as a constant reminder of the state’s commitment to encouraging healthier lifestyles and better choices all around.

Defending Against MIP Charges in Washington State

Let’s say you or someone you know is a 17-year-old who was caught in possession of alcohol at a music festival. Your criminal defense attorney will conduct an initial assessment to determine whether the search and seizure violated the minor’sFourth Amendment rights. They can then advocate for a diversion program like theYouthful Offender Program you can find in Washington.

Your criminal defense attorney can then help secure a resolution that avoids conviction and ensures the minor’s record remains clean and intact.

A minor in possession charge can certainly come with its own set of challenges. However, with the right legal representation, these young people can overcome these obstacles and begin moving forward with more confidence.

If you or someone you know is facing an MIP charge, don’t hesitate to seek legal assistance or advice before attempting to deal with the situation on your own. Our skilled criminal defense attorneys believe that every minor-in-possessioncriminal case can be challenged successfully and lead to a favorable outcome.

Your criminal defense attorney can make all the difference when it comes to safeguarding a minor’s future using the protections Washington has for juvenile offenders.

Unfortunately for many people, a minor in possession (MIP) charge is often their first interaction with the police and experience with the court system. While an MIP might not seem like a terribly big deal in today’s culture, the government still takes these charges very seriously.

A conviction comes with a maximum penalty of up to 354 days in jail and a $5,000 fine. Additionally, depending on the substance in question and your age, you could also be facing a license suspension.

The term “possession” is rather loose. It does not simply mean you have a beer literally in your hand at the moment of police contact. Possession includes having alcohol in your system (meaning you drank some already) or you are near a recently emptied alcohol container. MIP charges often come in bunches, meaning they normally pop up when there are a bunch of kids together. Groups of underage individuals tend to draw the attention of the police, whether it is at a party, at a park, or in a car.

Supplying alcohol to an underage individual is also a gross misdemeanor, meaning the maximum penalty is 364 days in jail and a $5,000 fine. These types of charges often appear after liquor control board stings, where they send underage patrons into establishments and try to see if they will be served alcohol.

If you are facing an MIP charge, do not hesitate to give our office a call to discuss your situation. Our skilled Washington criminal defense lawyers will be more than happy to answer your questions.