Defendants who are 18 years old and younger will have the same access to legal counsel as adults in Washington, starting next January. That new law trails another juvenile justice reform, which took effect on July 25, aimed at trimming the number of youth in foster care who wind up in juvenile detention.
The latter aims to expand the number of community-based endeavors offering trauma-informed rehabilitative care that is culturally competent and focused on racial equity among youth in the justice system. Currently those less restrictive, community placements are available to 25% of juveniles in the state, according to legislators who drafted the measure.
The initiative expanding juveniles’ access to lawyers mandates that juveniles can phone, videoconference or talk in person with a lawyer before waiving any constitutional rights, if a law enforcement officer, among other things:
- Questions a youth after advising that person of rights granted under the landmark Miranda ruling.
- Asks a youth to allow a search of that person’s body, property, residence or vehicle.
- Briefly detains a youth who is reasonably suspected of being involved in a crime.
Police or other law enforcement officials are exempt from the above provisions when seeking information believed essential to shielding someone from an imminent threat. In those instances, law enforcement officers can only ask for information regarding the presumed threat.
Also, juveniles who have conferred with an attorney may have that attorney, a parent or guardian speak on the juvenile’s behalf regarding their constitutional rights.
