Legal Question in Criminal Law in Washington

Re: Minor in Posession - Gross Misdemeanor

Bail forfeitures work differently in different jurisdictions. Some places it is entered as a dismissal. In others it is entered as a Nolo contendre, or without contest--which is effectively a guilty finding. You need to know which. If the first, it isn't a problem for your record. If the second, you can have it vacated after a few years. If you want an attorney to take the case to trial and fight it, since it sounds like you weren't guilty, contact me directly.

At your service,

Re:

Forefeiture of bail is often a simple, expedient way of disposing of case - monetary penalty only, no probation and technically no conviction. However, this disposition will remain on a record as a finding that the violation was committed.

In Washington State, an unvacated bail forfeiture will remain on your record. Your only remedy would be to vacate and/or seal the record in a few years.

If your friends are honest, perhaps they will continue to be so . . . and rise to your defense.

You stated that the officers contacted you as you were entering a residence. Did they have a right to be on the property and to seize persons entering the house? There's no law prohibiting the consumption of alcohol on private property (though it is illegal for minors to do so without a statutory defense).

I practice in Ellensburg, WA, and this is common scenario in this college town. An officer's suspicion that a person may be underage and be in possession of alcohol is not always enough.

Note that if you were lawfully contacted and seized (not free to leave), the issue is not onlyu whether you possessed alcohol, but whether you consumed alcohol. In other words, if the officer detects the odor of alcohol on your breath, you are in the realm of "probable cause".

In the end, if you are truly innocent, do not agree to anything that suggests otherwise.