Minor in Possession (MIP)
Minor in possession (MIP) charges are serious criminal offenses that can ultimately have lasting consequences for young people under the age of 21 in Everett, Washington. This charge usually comes about when a minor is found possessing alcohol, attempting to purchase alcohol, or consuming alcohol in a public or private setting without a lawful exception.
Minors who appear to be intoxicated (RCW 66.44.240) or are found with paraphernalia related to alcohol use can also face these charges. Washington takes MIP charges very seriously, with laws that are meant to deter underage drinking while also promoting public safety.
If you or someone you know is charged with an MIP in Everett, it’s important to understand that it can lead to serious penalties, including fines, community service, mandatory participation in select educational programs, and the possible suspension of driving privileges. MIP charges are typically considered to be misdemeanors, but their impact can extend far beyond the courtroom.
MIP convictions can ultimately negatively affect your future opportunities like college admissions, scholarships, and employment opportunities. There is also a criminal record associated with these charges that can follow a minor into adulthood, making things even more complicated.
Facing MIP charges requires the expert guidance of a criminal defense attorney, as they understand the laws and how the legal system works in Everett. An experienced attorney can look at all of the circumstances of the case, challenge any evidence being presented, and identify the possibility of potential defenses.
These defenses could include the lack of possession, unlawful search and seizure, or even mistaken identity. In some cases, they can also negotiate with prosecutors to reduce the charges, minimize the penalties, or find alternative resolutions like a diversion program that can help you avoid a criminal record completely.
Washington State Laws Governing MIP Charges in EverettIn addition to the statutes we are going to outline below, it is important to remember that Everett might enforce additional local ordinances to regulate alcohol use and the penalties for minors. For example, law enforcement may choose to impose stricter patrols or community programs aimed at targeting underage drinking in public parks, during events, or in neighborhoods.
Everett Municipal Code (EMC) also provides provisions that address consumption in public spaces and add fines and community service requirements to the mix.
- RCW 66.44.270 - Furnishing Liquor to Minors and Minor in Possession: This statute prohibits minors (under 21) from possessing, consuming, or purchasing alcohol. It is considered a misdemeanor, with penalties such as a fine of up to $5,000, jail time of up to 364 days, or both of these. If you are a first-time offender, alternatives like diversion programs exist.
- RCW 66.44.310 - Misrepresentation of Age: This statute prohibits individuals under 21 from misrepresenting their age to purchase or acquire alcohol, such as using a fake ID. It is considered a gross misdemeanor charge and can involve fines and other penalties similar to those under the previously detailed statute.
- RCW 46.20.265 - Alcohol Violations and Driver’s License Suspension: This statute mandates the suspension of driving privileges for minors convicted of alcohol-related offenses, including MIP charges. The first offense often results in a license suspension for 1 year or until the minor turns 17 (whichever is longer). Subsequent offenses can mean longer suspensions.
- RCW 13.40.070 - Diversion Agreements: This allows first-time juvenile offenders to enter diversion agreements instead of having to come face to face with formal criminal charges. Successful completion can result in the dismissal of charges, which means the avoidance of a criminal record as well.
Obstructing a law enforcement officer is another offense that you can find outlined in RCW 9A.76.020. This statute applies when a minor attempts to flee or interfere with law enforcement during an MIP investigation.
A Vibrant Community With Some Unique ChallengesEverett, Washington, is full of historical charm and a fun community appeal. You can find some of the most notable cultural landmarks and growing neighborhoods in the city.
However, the lively atmosphere and its active social scene can also create environments where there may be alcohol involved, increasing the risk of legal issues like MIP charges. Local law enforcement does its part to prioritize the state’s underage drinking laws so they can continue to maintain safety in the communities and prevent alcohol-related incidents from happening.
The Benefits of an Experienced Criminal Defense Attorney for MIP ChargesHiring a criminal defense attorney for MIP charges in Everett places you in the hands of an expert who can guide you through the legal process. They will look closely at all the details of the case, identify weaknesses in evidence, and explore defense strategies you might not have otherwise considered.
The attorney can also negotiate with the prosecution to reduce the charges, minimize the penalties, and even secure alternative resolutions like the diversion programs we touched on above. Count on them to aggressively advocate for you in court and ensure your rights are protected.
We know the stakes are high when faced with MIP charges. It is a conviction that can have lasting repercussions like a criminal record or the suspension of driving privileges. Your attorney helps mitigate this and helps resolve the case in a way that reduces your penalties and safeguards your future.
We believe that every Minor in Possession (MIP) charge can be successfully contested with the right legal approach. Our attorneys have spent over 20 years defending minors against alcohol-related charges across Western Washington.
If you or a loved one is facing an MIP charge, it’s crucial to consult an experienced criminal defense attorney. Our Everett MIP attorneys are dedicated and aggressive legal professionals who will fight to protect your rights and minimize the impact of the charges on your future.
Minor in possession (MIP) charges are often the first time an individual has ever been in contact with the police and the court system. To many young individuals, drinking alcohol might not seem like such a big deal, especially considering the frequency in which it occurs, but that does not negate the government’s position on the subject.
MIP is a gross misdemeanor, which means the maximum penalty is 364 days in jail and a $5,000 fine. A conviction will often also include probation and a court ordered class or evaluation.
What can be confusing to people is the government’s loose interpretation of “possess.” If you smell like alcohol and you appear to be impacted by it, then that is sufficient to prove possession. Or if you smell like alcohol and you are close to an open alcohol container, then you can also be classified as in possession.
Frequently, many minors will receive MIP charges at the same time because they were all caught at the same time – such as at parties, at camp sites, or all piled into the same car. When it comes to MIPs, there is no safety in numbers. Instead, you are drawing attention to yourself when congregating with a large group of other teenagers.