Criminal Reform and the Holmes Youthful Trainee Act

On January 4, 2021, Governor Whitmer signed into legislation Senate Bill No. 1049. This bill effectively expanded eligibility for sentencing under the Holmes Youthful Trainee Act (HYTA). Previously, individuals that are 18-24 years old may be eligible for status under HYTA. Senate Bill No. 1049 expands HYTA status to now include those individuals that are 25 years old.

Beginning on October 1, 2021, if an individual pleads guilty to a criminal offense, committed on or after the individual’s eighteenth birthday but before his or her twenty-sixth birthday, the court may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee. If the offense was committed on or after the individual’s twenty-first birthday, but before his or her twenty-sixth birthday, the prosecutor must consent to the individual being sentenced under the Holmes Youthful Trainee Act (HYTA).

At this point, you may be asking what is The Holmes Youthful Trainee Act? The Holmes Youthful Trainee Act, more commonly known as HYTA, provides individuals between the ages of 18 and, now, 25, with a second chance.

If the court grants the individual status under the Holmes Youthful Trainee Act, he or she will be placed on a probationary term, the criminal conviction will not be entered onto his or her record. The court will dismiss all charges and his or her criminal record will remain clean once he or she has completed a successful term of probation.

*Certain crimes, such as murder, kidnapping, imprisonment for life crimes, major controlled substance offenses, traffic offenses, and some sex crimes are still not eligible for HYTA.

Due to the extreme advantages of HYTA, for a young individual’s future, it is important to work with a criminal defense law firm that is familiar with and understands the importance of HYTA and your future or your child’s future. Our experienced criminal defense attorneys have had extreme success for clients when petitioning the court on our client’s behalf for status under the Holmes Youthful Trainee Act.

If you or your loved one has been charged with a crime and would like to discuss the possibility of HYTA, contact our office today for a free consultation. Our experienced and aggressive criminal defense attorneys can provide you with advice on HYTA and how we actively fight to keep criminal charges off your or your loved one’s record.

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