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A 16-year-old in Vancouver, Washington, is stopped by an officer near a parking lot where cars were broken into. The officer wants to ask a few questions and look in the teen's backpack. Washington has a rule here that most states do not. Under RCW 13.40.740, which took effect on January 1, 2022, the officer must give the teen access to a lawyer before the teen can waive any constitutional rights.
The lawyer-first rule
The rule covers anyone under 18. It applies when an officer questions a young person in custody (a setting where you are not free to leave), detains them on suspicion of a crime, or asks for consent to search them, their things, their home, or their car. School resource officers are included.
The talk with the lawyer can happen in person, by phone, or by video, and it cannot be skipped, even if the young person says they do not need it. If police skip it, most statements the young person makes cannot be used in juvenile or adult court. There are narrow exceptions, such as an emergency where someone's life is in immediate danger.
After speaking with the lawyer, you can tell the officer yourself, or have your lawyer or parent tell them, that you are using your right to stay silent.
Juvenile court, and when a case goes to adult court
In Washington, juvenile court has 'exclusive original jurisdiction' (the first and only say) over offenses by young people, with some exceptions. A judge can transfer a case to adult court, which Washington law calls a 'decline.'
One exception is automatic. If a 16- or 17-year-old is charged with a serious violent offense, or with certain violent offenses on top of a long prior record, the case starts in adult court. Most cases involving younger teens, or less serious charges, stay in juvenile court.
The national baseline comes from In re Gault (1967). The U.S. Supreme Court ruled that a young person facing juvenile court has the right to notice of the charges, a lawyer, the chance to question witnesses, and the right not to incriminate themselves.
Records get sealed, often without you asking
Washington courts hold regular 'administrative sealing' hearings. Sealing means the record is closed to the public. At the end of a juvenile case, the court schedules this hearing for after the latest of your 18th birthday, the end of probation, or release from state juvenile custody. You do not have to attend.
The court seals the record if you are no longer under supervision and have paid any restitution (money ordered to repay a victim) owed to a person. Automatic sealing does not apply to the most serious offenses, sex offenses, or drug offenses as defined in state law. Those follow a different process under the same law, so ask a public defender about them.
What to do, calmly
If an officer stops you, stay calm, keep your hands visible, and do not run or resist. Then say clearly: 'I want to talk to a lawyer before I answer questions or agree to a search.' In Washington, that request lines up with what the law already requires police to provide.
If a case is filed, the court appoints a public defender when a family cannot pay. The Washington State Office of Public Defense lists public defender offices by city and county at opd.wa.gov. Youth curfews, where they exist, are written in each city's code, so check your own city's rules.
Sonje sa
- In Washington, police must give anyone under 18 access to a lawyer before the young person can waive their rights, and that talk cannot be skipped.
- The rule covers questioning in custody, detention, and requests to search you, your home, or your car.
- Most juvenile cases stay in juvenile court, but some serious charges against 16- and 17-year-olds start in adult court.
- Many juvenile records are sealed at a court hearing after age 18, once supervision ends and restitution to a victim is paid.
Sous
- Washington State Legislature: RCW 13.40.740, Juvenile access to an attorney (ap louvri nan yon nouvo onglè)
- Washington State Legislature: RCW 13.04.030, Juvenile court jurisdiction (ap louvri nan yon nouvo onglè)
- Washington State Legislature: RCW 13.50.260, Sealing hearings (ap louvri nan yon nouvo onglè)
- Cornell LII: In re Gault, 387 U.S. 1 (1967) (ap louvri nan yon nouvo onglè)
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