Juvenile Cases

Washington Supreme Court Vacates Juvenile Defendant’s Conviction Based on Evidentiary Rulings

November 28, 2025 | by Blair & Kim, PLLC

Washington law affords juvenile suspects additional protections. RCW 13.40.740 which became effective on January 1, 2022, requires law enforcement to “provide a juvenile with access to an attorney for consultation” in certain circumstances, including a custodial interrogation, before they waive any constitutional rights. A juvenile’s statements made under those circumstances are generally not admissible unless the juvenile received access to an attorney and made a knowing, intelligent, and voluntary waiver after being fully informed of their rights. Such statements may be use, however, for impeachment or if they were “made spontaneously.” A defendant recently challenged her conviction, based partly on the court allowing interrogation evidence when she had not consulted with an attorney.

According to the Washington Supreme Court, the sixteen-year-old defendant was involved in a brief fight with another teenage girl, H.D., at a mall. Several months later, she received messages from H.D. and others on January 29, 2021, about wanting to fight her. The following day, another teenage girl, S.P.T., asked H.D. to text the defendant and say H.D. wanted to fight her. The defendant testified she didn’t think H.D. actually wanted to fight and sent her address. She did not know H.D. sent her address to S.P.T.

After receiving a text H.D. was six minutes away, the defendant put a pocketknife in her pocket. She testified she always carried the knife. When S.P.T. arrived, the discussion escalated into a verbal altercation. The defendant testified she held the open knife behind her back because she was afraid the situation would become physical.

Washington Appeals Court Affirms Possession Adjudication Resulting from School Search

October 28, 2025 | by Blair & Kim, PLLC

School authorities may search students and their property in circumstances that the police could not. In a recent case, a juvenile challenged a juvenile court adjudication of knowingly possessing cannabis after a school district safety coordinator searched his vehicle.

According to the appeals court’s unpublished opinion, the school district security coordinator saw the juvenile get out of his car in the high school parking lot, hold something like he was smoking it, and put it in what appeared to be a pocket on the car door.

The security coordinator detained the juvenile and the school contacted his mother. The security coordinator and the juvenile’s mother searched the car together. They found a jar containing what was later determined to be cannabis.

Washington Supreme Court Addresses Requirements for Juvenile Arrest Warrants

August 28, 2025 | by Blair & Kim, PLLC

In a recent case, the Washington Supreme Court considered whether the court rule and statute related to juvenile bench warrants can be harmonized.

Upon a guilty plea to fourth degree assault in March 2022, the juvenile was sentenced to seven months’ community supervision with a number of conditions.

The state moved for a bench warrant later that month, alleging the juvenile posed a serious threat to public safety pursuant to JuCR 7.16. The state alleged she was associating with an older male with gang associations, a criminal history, and a pending investigation relating to an alleged crime against the juvenile. The state argued his criminal history and the age difference “creates a situation where [the juvenile] too poses a serious threat to community safety.”

Washington Juvenile Assault Convictions Reversed Due to Lack of Evidence of Intent

June 23, 2025 | by Blair & Kim, PLLC

Incidents that lead to Washington assault charges can often be hectic events with multiple people involved, especially if there are people trying to intervene. In a recent unpublished opinion, a juvenile challenged fourth degree assault convictions, arguing the state had failed to prove he intended to hit his siblings with a door.

The appeals court described the incident as follows. The juvenile was arguing with his stepmother in his room. His father came into the room and the juvenile got angry and punched him “a couple of times,” according to the appeals court’s opinion. The father went outside.

The juvenile followed, but other members of the family tried to stop him. He hit his stepmother in the stomach. His brother tried to hold the door closed. As the juvenile opened the door, it hit his brother’s arm and his sister’s head. The juvenile punched his father multiple times and his stepmother called 911. The juvenile fled before the ambulance arrived.

Washington Law Prohibiting Inclusion of Most Juvenile Adjudications in Offender Score Applies Prospectively

April 28, 2025 | by Blair & Kim, PLLC

A Washington juvenile adjudication of guilt can have lifelong consequences. Current Washington law limits the types of adjudications that can be included in calculating an offender score for a subsequent sentencing, but until recently, other non-violent juvenile adjudications could also affect an offender score. In a recent case, the state challenged a trial court’s application of the 2023 statutory amendment limiting the inclusion of juvenile adjudications in an offender score because the amendment took effect after the offense occurred.

According to the unpublished opinion of the appeals court, the defendant was charged with second degree robbery in April 2023. The legislature amended RCW 9.94A.525(1)(b) in July 2023, which was after the incident leading to the charges and before the defendant’s guilty plea and sentencing. The amended statute prohibits most juvenile adjudications from being included in a defendant’s offender score.

The defendant pleaded guilty in October. He had previously been adjudicated guilty of second degree assault with a deadly weapon as a juvenile. This adjudication would have been 2 points under RCW 9.94A.525 before the amendment. The trial court, however, applied the current version of the statute because it took effect before calculation of the defendant’s offender score and his sentencing. The trial court determined the defendant had an offender score of 0, resulting in a standard sentencing range of three to nine months. The court sentenced him to five months confinement.

Washington Appeals Court Determines Juvenile’s Case Was Improperly Dismissed with Prejudice

March 13, 2025 | by Blair & Kim, PLLC

Pursuant to CrR 8.3(a), a Washington trial court may dismiss an indictment, information, or complaint upon motion of the prosecutor. Pursuant to CrR 8.3(b), the court may dismiss a prosecution because of governmental misconduct or arbitrary action if the defendant’s rights have been prejudiced, materially affecting his right to a fair trial. Pursuant to CrR 8.3(c), the court must dismiss without prejudice if the court grants a defendant’s motion for pretrial dismissal because of insufficient evidence. A Washington appeals court recently considered whether a trial court could dismiss a criminal case with prejudice when the state had moved for dismissal without prejudice pursuant to CrR 8.3(a).

According to the opinion, a juvenile defendant, identified by the appeals court as “WH” was charged with third degree malicious mischief, first degree animal cruelty, and second degree assault by strangulation, and harassment – threats to kill, arising from an incident involving his girlfriend, identified as “KM.” He made a preliminary appearance in juvenile court. The state added charges for attempted second degree murder and, alternatively, second degree attempted felony murder and transferred the case to adult court.

The state subsequently asked to return the case to juvenile court with the attempted murder charges dismissed. The juvenile was arraigned again under the original case number and pleaded not guilty in juvenile court.

Washington Supreme Court Addresses Sentencing of Juvenile Offenders With Plea Agreements

January 30, 2025 | by Blair & Kim, PLLC

Pursuant to State v. Houston-Sconiers, a trial court must consider the mitigating qualities of a juvenile offender’s youth in sentencing a juvenile in a Washington criminal case. The court has discretion to impose a sentence below the standard range in juvenile cases. In a recent case, a juvenile defendant challenged his sentence, which was based on a joint recommendation as a result of a plea deal.

According to the Washington Supreme Court’s opinion, the defendant fatally stabbed someone multiple times and stole his wallet. The defendant ultimately admitted to stabbing the victim. The defendant was charged with first degree murder with a deadly weapon and would have been subject to a standard range sentence between 240 to 320 months, plus a deadly weapon enhancement.

Following lengthy negotiation, the defendant pleaded guilty to first degree robbery and second degree murder while armed with a deadly weapon. The standard range sentence was 41 to 54 months for the first degree robbery charge and 142 to 244 months for the second degree murder charge. The state and the defendant jointly recommended a sentence that would total 244 months of confinement.

Washington Appeals Court Reverses Juvenile Adjudication of Interference with a Health Care Facility

October 15, 2024 | by Blair & Kim, PLLC

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 self-harm. She was transported to the hospital’s emergency department. When she refused to change clothes, she was restrained and forcibly changed into scrubs. Two nurses told the deputy the juvenile assaulted them.

The juvenile was charged with interference with a health care facility and two counts of assault in the third degree.

Washington Appeals Court Reverses Juvenile’s Conviction Based on Judge’s Questioning of Witnesses

August 28, 2024 | by Blair & Kim, PLLC

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 prosecution’s witnesses.

The 15-year-old juvenile was charged with escape in the second degree. The state alleged he had “knowingly escape[d]” from home custody.

Witnesses

A community placement specialist testified about ankle monitor technology and electronic home monitoring (“EHM”). He was asked on cross examination if he remembered going over the contract with the juvenile or if his answers were based off the reports. He testified that he “felt” like he had, but could not say so for certain.

Washington Appeals Court Remands Juvenile Case for Consideration of Racial Bias

June 29, 2024 | by Blair & Kim, PLLC

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. United States. Division One of the Washington Court of Appeals has further held that when a defendant raises the issue of racial bias in a declination hearing, supported by some evidence, the juvenile court must rule on the issue. State of Washington v. Quijas. In a recent case, Division Three also reviewed a case in which the juvenile court had not addressed the issue of racial bias or discrimination.

At the time of the appeals court’s unpublished opinion, the fifteen-year-old defendant was pending trial for first degree murder. The state alleged the defendant shot and killed a nineteen-year-old man. The state also alleged the murder had been unprovoked and premeditated, and that the juvenile and the victim did not know each other.

The defendant was just fourteen years old at the time of the shooting. The state moved to have him tried as an adult. The court admitted 49 exhibits and heard eight witnesses testify, including the defendant’s mother, his school principal, a gang expert, juvenile detention staff, and a forensic psychologist.