Experienced Seattle Defense for Young People Facing Drug Charges
A drug charge against a teenager moves through a different court, under different rules, than an adult case. Jennifer Horwitz has spent more than 30 years defending people accused of crimes in Seattle and throughout Washington, and juvenile defense is a core part of her practice. She represents young people accused of possession, delivery, and possession with intent in King County juvenile court. The earliest hours matter most. What a young person says to an officer, and whether they agree to a search, often shapes the case. Guidance from an experienced Seattle juvenile criminal defense attorney can make a difference in the outcome.
Why Seattle Families Trust Jennifer Horwitz
When a young person is facing a criminal allegation, families need more than general legal advice. They need an experienced juvenile defense attorney who understands how juvenile court works, prepares carefully for what comes next, and communicates clearly with both the child and the family. Our clients benefit from:
- Juvenile-court experience: Jennifer Horwitz has represented juvenile clients since 1996 and understands the important differences between juvenile and adult criminal cases.
- Harvard Law School education: Jennifer earned her law degree from Harvard Law School.
- More than 30 years of criminal defense experience: Jennifer has spent more than three decades defending people accused of crimes, including young people and adults facing serious allegations.
- Recognized legal advocacy: Super Lawyers named Jennifer a Top Women Attorney of 2024, and Forbes Advisor recognized her among Seattle’s best criminal defense attorneys.
- Direct attorney involvement: Jennifer personally handles consultations and provides hands-on representation throughout the case rather than delegating it to less-experienced attorneys.
- Guidance families can understand: Jennifer takes time to explain what to expect at each stage, develop a strategy with the client and family, and address issues such as mental health, learning differences, or substance use when they may affect a juvenile case.
A juvenile case can affect a child’s education, future opportunities, and family life. Jennifer Horwitz brings experienced defense advocacy, direct attorney attention, and practical guidance to help families understand the process and make informed decisions at every stage.
How Washington Classifies Drug Charges Against Minors
Classification can shape nearly every part of a juvenile drug case, including the potential consequences and whether diversion or treatment may be available.
Knowingly possessing a controlled substance is now a gross misdemeanor in Washington rather than a felony. Washington’s possession law sets a maximum of 180 days in jail and a $1,000 fine. A person with two or more qualifying prior convictions for possession or public use occurring after July 1, 2023, may face up to 364 days in jail. The law also encourages prosecutors and law enforcement to consider diversion, assessment, treatment, or other services.
Delivery carries far greater exposure. Manufacturing, delivering, or possessing a controlled substance with intent to deliver is generally a felony:
- Schedule I or II narcotics, flunitrazepam, methamphetamine, and amphetamine are class B felonies carrying up to ten years.
- Every other controlled substance in Schedules I through V is a class C felony.
The fines in that statute apply to adult offenders only. Juvenile court consequences can differ from the adult sentencing ranges stated in the criminal statute.
Cannabis is treated differently. Washington separately prohibits a person under 21 from manufacturing, selling, distributing, or knowingly possessing cannabis products, regardless of THC concentration. The statute excludes qualifying patients with valid medical-cannabis authorizations, and separate rules govern what authorized patients and designated providers may lawfully possess. An authorization should not be described as permission for a minor to sell or distribute cannabis.
Why a Drug Charge Stays in Juvenile Court
Parents almost always ask whether their child can be tried as an adult. For a drug charge standing alone, the answer is almost always no. Juvenile courts hold exclusive original jurisdiction over offenses alleged against juveniles, and for a drug charge two routes to adult court turn on the charge itself.
Adult jurisdiction attaches automatically when a juvenile who was 16 or 17 on the date of the offense is charged with a serious violent offense, with certain violent offenses on top of a qualifying criminal history, or with rape of a child in the first degree. Drug offenses are not on that list.
The other route is a decline hearing. A discretionary decline hearing may be set only where the respondent was at least 15 and is charged with a serious violent offense, was 14 or younger and is charged with first or second degree murder, or is any age and is charged with custodial assault while already serving a minimum juvenile sentence to age 21. A decline hearing is also mandatory, absent waiver, where the information alleges an escape by a respondent serving such a sentence. A drug charge is none of these.
Age at the time of filing can also matter, since juvenile court jurisdiction requires that the person be under 21 when the information is filed. The exception is a drug count charged alongside an offense that does carry adult jurisdiction, since the other charges travel with the case. Absent that, the defense effort belongs on the stop, the search, and the disposition.
What Your Child Can Do Before Answering Questions
Washington gives juveniles a protection adults do not have. Before a juvenile waives any constitutional rights, law enforcement must provide access to an attorney for consultation. That applies when an officer questions a juvenile in custody, detains a juvenile on probable cause, or asks a juvenile to consent to a search. That consultation cannot be waived. Narrow exceptions exist for suspected trafficking victims and for imminent threats to life.
A teenager who agrees to a backpack search has usually handed the state its case. Jennifer writes about search and questioning issues on her firm blog.
Diversion, Disposition, and Your Child’s Record
Diversion is a contract between the young person and a diversion unit that resolves the allegation in lieu of prosecution, available only after a probable cause finding. An agreement may not exceed six months, though the juvenile may request one six- month extension. The agreement is limited by statute to conditions such as community service of up to 150 hours, restitution, and counseling. The right to counsel attaches before the first intake interview.
A drug case can also affect a teen’s driver’s license. For a second or later controlled-substances offense, the court notifies the Department of Licensing and driving privileges are revoked, one year for a first notice and two years for a later one. A first offense is generally exempt.
Record consequences matter too. Washington courts schedule an administrative sealing hearing at disposition, but not where an offense is a most serious offense, a sex offense, or a drug offense as the sentencing statutes define it. That definition reaches felony violations of the controlled substances chapter and expressly excepts simple possession, so a felony delivery adjudication leaves the automatic sealing track while a gross misdemeanor possession adjudication does not.
Talk With a Seattle Juvenile Defense Attorney About Your Child’s Case
If your child has been questioned, arrested, or charged with a drug offense in Seattle or King County, the next step is an honest evaluation of the evidence. Jennifer offers in-depth one hour paid consultations and handles them herself. You can book a session through the Consultation Station, reach her office through the contact page, or call today.
Frequently Asked Questions
Can my child be tried as an adult for a drug charge in Washington?
Generally, not on the strength of the drug charge itself. Automatic adult jurisdiction is limited to 16 and 17 year olds charged with a short list of the most serious violent offenses. A discretionary decline hearing is available in only three narrow situations, and a decline hearing is mandatory in one more. Drug charges appear in none of them. The exception is a drug count charged with an offense that does carry adult jurisdiction.
Will a juvenile drug charge stay on my child’s record forever?
Not necessarily. The automatic sealing track excludes felony drug offenses, but simple possession is carved out of that definition. Otherwise, a person may move to seal after two consecutive years in the community without a new conviction and with victim restitution paid in full, for gross misdemeanors and class B and C offenses.
Should my child answer questions if officers say cooperating will help?
No. Before a juvenile waives constitutional rights, law enforcement must provide access to an attorney, and that consultation cannot be waived. Ask for a lawyer, then stop.