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Should charges for MIP/MIC (RCW 66.44.270 (2)(b)) be in juvenile court or district court? Will court appointed atty suffice?
Anonymous3 views5 answers
I was called in early December of 2011 by the police to pick up my child from a private parking lot (not public street) because she appeared to be intoxicated. My child was 17 years old at the time. Eight months later (August 2012) we received an arraignment notice in the mail, with a mandatory court appearance in district court to answer to the charge of violating RCW 66.44.270(2)(b). She is now 18 years old. Since the offense was alleged to have been committed when she was a minor, should this be handled in the juvenile court system? Also, are there any defenses that could be employed due to the delay in charging (8 months)? Will a court appointed attorney be adequate to handle the defense of this charge?
Juvenile courts can retain jurisdiction over people under the age of 18, but even those who allegedly commit crimes under 18 can still wind up in adult court, like your daughter has. And most likely, the fact that she was almost 18 at the time of the allegation might have had something to do with her case being filed in District Court, but who knows for sure. The fact is she has now been charged in District Court, which raises the ante a bit because you certainly want to avoid having a conviction on her record at such a young age. By the way, her age might also help her in the eyes of the prosecutor IF the case is handled correctly. This leads me to my next point. I would not advise going with a public defender if possible because of the age of her daughter and the importance of resolving this matter properly. There are many good public defenders out there who are dedicated attorneys, but they tend to have so many cases at a time. Your daughters case needs to be handled properly so she doesn't begin her adult life with a criminal record. I'm here to help.
Juvenile court has jurisdiction for most criminal charges where the person charged is under the age of 18. Your daughter was over 18 when charged and not eligible to be in juvenile court. The prosecutor has up to 2 years from the date of the incident to file charges and they sometimes wait until a person turns 18 before filing charges to get the charges in adult court. I know this makes little sense but it is the way the legislature has set up the court system in Washington.
To accept a court appointed attorney may or may not be a good decision. Public defenders, like all attorneys, can be very good, very bad or somewhere in between. Meet with your public defender. If you don't feel that your needs are going to be represented then meet with a few private attorneys and hire one you are comfortable with.
I would only add to the other answers that you may want to consider asking some criminal defense attorneys in your area for a free consultation. If you cannot afford to hire one, then you will want to get the public defender. Public defenders do have too many cases, but the positive thing is that criminal law is all they do and most are very well versed in what motions or defenses to bring to the table in cases like these, since they do so many.
Also, you will want your lawyer (either private or P.D.) to look into why it took so long to file the charge. On the off chance it can be shown the prosecution intentionally waited to file on your daughter until she turned 18 for the purpose of getting her into adult court, the case could be dismissed.
Good luck.
I agree with the other attorneys' answers. Whether the charge is filed in juvenile or district court depends on the person's age at the time the charges are filed, not the age when committed. However, if the prosecutor waited until the person turned 18 to file the charges as an adult, the delay could be challenged, as the consequences are much more signficant when charged as an adult than as a juvenile.
Whether to use a public defender (if she qualifies) or hire an attorney a decision you/she will have to make. It certainly is worth meeting with some attorneys before you make that decision, especially if there could be an issue with delay in filing charges.
