What Constitutes a Gang, and What Are Gang Crimes in Washington State?
Sometimes, people have visions of gang crimes as being something from the 1920s, almost cartoonish. The reality today is much more dire. Today, gangs are identified as having at least three people who use a symbol or name as their group identification. To be of interest to law enforcement, criminal activity needs to be one of its priorities (although not the only priority).
A gang crime is any illegal activity conducted in the interest of the gang to help one member of the gang raise their status within the group or as an initiation for a new member of the gang. This can include felonies and misdemeanors. Prosecutors have the latitude to define various activities as gang crimes. Those activities can range from theft to carjacking to murder to drug crimes to gun possession to prostitution.
What Are the Potential Consequences if a Juvenile is Convicted of Gang Crimes in Washington State?
The first thing to understand is that there are consequences for being convicted of a crime. If the crime is believed to be part of organized gang activity and is charged as a gang crime, the consequences can be even more severe. The outcomes can be worse when a crime goes from criminal charges to gang criminal charges.
This complicates the juvenile justice process somewhat. In Washington State, juvenile court handles most cases involving minors (under 18), and the focus is less on punishment than on rehabilitation. It’s possible that the juvenile court will order the minor to be transferred to adult court if the criminal charges are deemed serious enough. Suppose that’s a possibility for your child. In that case, it’s one crucial reason to work with an experienced juvenile gang crime defense attorney who may be able to argue to keep the case in juvenile court rather than moving it to the harsher adult court. There’s an official process known as a declination hearing in which the defense attorney can argue that the juvenile should remain in juvenile court.
In general, if the charges aren’t moved to an adult court, the juvenile court may look to rehab and treatment programs, especially if the charges were minor or first offenses. That may include:
Community supervision
Probation
Treatment programs (such as drug or alcohol programs)
Special Sexual Offender Disposition Alternative (SSODA)
Can Juveniles Be Sent to Jail in Washington State?
Washington State’s Department of Children, Youth, and Family (DCYF) has a Juvenile Rehabilitation (JR) program that offers both residential and parole services. The focus of both (and especially the residential) is to work with the root causes that led to the criminal activity, whether it involved addiction, abuse, poverty, neglect, or trauma. The program also offers various life skills programs, including financial literacy and parenting classes, as well as educational programs that help juveniles complete high school or pursue vocational apprenticeships or education beyond high school. The goal is to tackle the source and help the juvenile overcome the cause and prepare them to return to the outside world as a law-abiding citizen.
Someone sentenced to the residential program as a juvenile may end up in the program until they turn 25. While this keeps them out of adult jail or prison, it may mean that offenders in the juvenile program are older, may have severe crimes in their history, and may be more likely to be associated with crimes.
What Happens to a Juvenile’s Criminal History When They Turn 18?
People often think that a juvenile’s criminal history is automatically sealed once they turn 18, but that’s not the case in Washington State. The history remains open and available to the public if no steps are taken to seal it. However, at the time the juvenile is sentenced, the court schedules an administrative hearing to decide if the history should be sealed. The hearing is scheduled for whichever of these happens last:
The juvenile’s 18th birthday
The release date from the juvenile residential facility
The date probation is scheduled to be completed
If the juvenile was sentenced in 2024, turns 18 on January 1, 2025, is scheduled to be released from the residential facility on January 1, 2026, and completes probation on January 1, 2027, the hearing would be held after January 1, 2027.
The court sends notifications of the hearing to the juvenile, their attorney, and any victims affected by the crime. The victim has the right to contest having the record sealed. Other factors in having the record sealed include:
The juvenile completed all required elements of their sentencing.
The juvenile wasn’t convicted of a class A felony or a sex/most serious offense. These include leading organized crime, various sexual and molestation charges, murder, rape, arson, and kidnapping, among others.
What Should I Do if My Child Is Being Charged with Gang Crimes in Seattle?
Call The Law Offices of Kevin Trombold, PLLC, as soon as possible at 206-590-7667 to schedule a free, in-depth, no-obligation consultation. These are serious charges that, if they lead to conviction, could have long-lasting implications for your child’s life. Our team of experienced, knowledgeable criminal defense attorneys understands both the gang crime laws and the potential consequences. We’ll review the charges against your child and help you determine what defense may achieve the best possible outcomes.
