Minor In Possession (MIP) in Tacoma

Washington State is fortunate to enjoy the many attractions and environments of the Pacific Northwest Region, and as a result, it is a popular destination for many to hold recreational activities. This applies to both older visitors and residents as well as younger ones. While everyone wants to have a good time, sometimes mistakes are made, and these mistakes can bring with them legal repercussions.

This is especially true for teenagers It’s a given that younger people, still in a phase of self-discovery and learning about the world, are prone to taking more risks or simply acting out of ignorance. In many cases, errors during such activities are to be expected, and while mistakes are made, these also act as learning experiences. Unfortunately, in some cases, the actions may be in breach of civil or even criminal laws. While drunk driving is an example of an obvious criminal offense, there are others, like minor in possession charges, that can result in criminal legal consequences as well. These can have a huge impact on a minor who is still in the early stages of forging a path to a future career.

For decades, our experienced attorneys have been taking on legal cases all over Washington State, both simple civil cases and complex criminal ones. We provide legal representation to cities like Tacoma and its surrounding region. We’re very experienced in helping people resolve the worrying and sometimes confusing world of minors facing criminal charges such as possession of prohibited substances.

Tacoma is located in southern proximity to the state's largest city, Seattle, and is conveniently right on the shores of Puget Sound. This affords plenty of opportunities for people who love nature and for people who want to enjoy themselves, whether that is dining and dancing at clubs and restaurants or attending parties with friends. However, the freedom that comes from being able to participate in these activities is, as always, accompanied by responsibilities as well as the consequences that arise from failing to uphold them. Alcohol consumption is one of those freedoms, though it is one denied to minors, and in fact, possession of such substances is a crime for those under a certain age.

Unfortunately, of the criminal charges related to alcohol consumption, 20% of them are attributed to minors between the ages of 12 and 20. Because of this, and the fact that impaired driving accidents are on the rise, it has led to a zero-tolerance policy in state law for teens possessing alcohol or other substances capable of impairing judgment and reflexes.

A minor in possession in Washington State falls under two categories. For alcohol, anyone between the ages of 12 and 20 who is in proximity to alcohol may be charged as a minor in possession. However, for narcotic substances, anyone under the age of 18 can be charged as a minor in possession, even for now-legal substances such as marijuana. People, especially parents, must be aware that possession differs vastly from consumption in terms of legal interpretation. For example, if a teen is driving friends to a party, and the others in the vehicle have brought a six-pack of beer with them, it doesn’t matter that the beer is unopened and the driver has not consumed any of the alcohol. Mere proximity to the alcohol in the vehicle is enough to qualify the teen driver as being charged with minor in possession by a law enforcement officer should the alcohol be discovered.

One of the most important things to consider when a minor is charged with possession is that this is not considered a civil violation but a criminal offense. As a result, a successful conviction can mean a criminal record, though the minor in possession charge is typically the least severe offense, usually categorized as a misdemeanor, in contrast to the more serious criminal penalties for drunk driving.

If a person charged as a minor in possession is under 18, they would be tried in juvenile court rather than in the standard courts. The actual punishment at this age range can vary, although a first-time offense is often given the benefit of the doubt and not punished with the harshest penalties. Treatment programs, fines, and community service are usually to be expected in first time offense cases. However, the penalties can be extremely harsh in other circumstances. For those over 18 but under 21, the charges may be elevated to a gross misdemeanor. In some cases, especially for repeat offenses, imprisonment may be a possibility. Depending on the severity of the incident, a driver’s license may also be suspended or even completely revoked.

Unfortunately, with a successful conviction, a criminal record can have an outward impact on a person’s future. The presence of a criminal record can be red flagged in background checks, and people are legally required to disclose them when asked. A criminal record can affect a person’s admission into college. It can have a huge effect on their employability, as recruiters, understandably, when given the option to hire between two qualified applicants, will hire the one without any criminal blemishes in their background. This can sometimes even be the case in housing situations, as people applying to rent an apartment or other residence may be refused in favor of someone without a criminal record. In other words, a juvenile conviction, even for a misdemeanor, can be a significant stumbling block in a teen’s future.

We believe that even when minors are facing legal charges, such as minor in possession, these charges still have the potential to be challenged and change the outcome. Our lawyers have been effectively challenging minor in possession in Western Washington and the rest of Washington state for over 20 years. If a loved one or someone else you know is facing minor in possession charges, an experienced minor in possession attorney has the experience and knowledge to help defray the most negative legal consequences. Our Tacoma minor-in-possession attorneys are experienced, aggressive lawyers who can help teens facing minor-in-possession violations to avoid having to surrender their license and impact their potential future career prospects.

A Minor in Possession charge is often the first time an individual has ever been in trouble before. Unfortunately, this interaction is often a very unpleasant shock and introduction to the police and criminal justice system.

MIP is a gross misdemeanor, meaning it has a maximum penalty of 364 days in jail and a $5,000 fine. A conviction will also come with probation, court ordered classes, and possibly even a license suspension.

Often, people are confused by how they can be charged with possession when they did not have alcohol in their hand. The government interprets possession differently. For example, if you simply smell like alcohol and it appears like you are impacted by alcohol, then that is sufficient. Alternatively, if you smell like alcohol and you are near an open alcohol container, then that is also sufficient.

If you or your child is facing a MIP charge, do not hesitate to give us a call. We will be more than happy to discuss your case and all of the potential consequences you could be facing.