A juvenile recently challenged guilty adjudications arising from her actions while being detained and forcibly changed into scrubs at the hospital. According to the appeals court’s unpublished opinion, a deputy went to the high school because the juvenile refused to leave the school. The juvenile made statements about suicide and…
Individuals facing Washington criminal charges have a due process right to a “fair trial in a fair tribunal.” A person’s due process rights may be violated if the court acts as an advocate instead of a neutral arbiter. A juvenile recently challenged his conviction after the trial judge questioned the…
In some circumstances, a Washington juvenile court may decline or waive jurisdiction and transfer a case, resulting in the juvenile being tried as an adult. The U.S. Supreme Court set forth the factors to be considered by a juvenile court in making a decision to decline jurisdiction in Kent v.…
Fines, fees, and penalties can add up and result in a significant financial impact on criminal defendants and their families. These legal financial obligations can be particularly burdensome when imposed on juvenile offenders, who in some cases may be too young to work and who often come from low-income families. …
Young siblings sometimes scuffle, but they usually are not charged with a Washington crime as a result. A teenager recently challenged a guilty adjudication for fourth degree assault arising from an altercation with his younger sister. According to the appeals court’s opinion, which relied primarily on the juvenile court’s unchallenged…
A Washington criminal defendant can raise a self-defense claim by offering some evidence that their actions occurred in circumstances of self-defense. Once the defendant meets this low burden, the burden shifts to the state to prove, beyond a reasonable doubt, the absence of self-defense. According to the appeals court’s opinion,…
Washington self-defense is an affirmative defense. A person may lawfully use force when they are about to be injured to prevent or try to prevent an offense against their person, when the force used is not more than necessary. RCW 9A.16.020(3). Force is necessary when there does not appear to…
A Washington juvenile record may be sealed if certain circumstances are met. The court schedules an administrative sealing hearing at the disposition hearing, if the juvenile is eligible. The hearing is to occur after the last of the following: the juvenile’s 18th birthday, the anticipated end of the juvenile’s probation,…
Washington second degree criminal trespass is a misdemeanor. To convict a person of second degree criminal trespass, the state must show that they knowingly entered or remained unlawfully on someone else’s property. A juvenile recently challenged a guilty adjudication for second degree criminal trespass, arguing there was insufficient evidence that…
In a Washington deferred disposition in a juvenile case, the juvenile stipulates to the admissibility of the facts in the police report, acknowledges the report will be entered a used to support a finding of guilt and impose disposition if they do not comply with the terms of supervision, waive…