Michigan’s Holmes Youthful Trainee Act gives young adults a second chance, a fresh start, and an alternative to having a criminal record.
The Holmes Youthful Trainee Act, commonly referred to as HYTA, is a Michigan Law (MCL 762.11) that recognizes that young adults make mistakes and those mistakes should not destroy their lives forever. The Holmes Youthful Trainee Act allows an individual between the ages of 18 and 26 the potential to have their conviction deferred. The individual must be between the ages of 18 and 26, when the crime was committed.
MCL 762.11 States
If an individual pleads guilty to a criminal offense, committed on or after the individual's seventeenth birthday but before his or her twenty-fourth birthday, the court of record having jurisdiction of the criminal offense 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.
The Judge is the ultimate decider if an individual will be granted the privilege of the status of HYTA. However, if the individual was between the ages of twenty one and twenty six, the prosecuting official must consent to status under HYTA sentencing. If the individual was between eighteen and twenty years old when the offense was committed, the prosecutor need notconsent, but it certainly helps.
Holmes Youthful Trainee Act (HYTA)
So, what is HYTA? What does it do? HYTA provides an opportunity for a young adult that has been accused of a crime to prove that the act or actions were out of their normal behavior for their otherwise good conduct. HYTA allows a Judge, after a guilty plea, to seal the individual’s record. The Judge then places the individual on a term of probation. If that term of probation is successfully completed, then the conviction goes away. The privilege of HYTA does require the individual to plead guilty. They cannot plead no contest, but must accept responsibility for their actions.
The Michigan Supreme Court and the Michigan Court of Appeals have both concluded that HYTA should be liberally granted. However, it is ultimately up to the defendant and their attorney to convince the Judge, and sometimes the prosecutor, that they are a good candidate for HTYA Status.
How Tanis Schultz, PLLC Can Help YOU
Part of our office’s process for working towards a deferral or HYTA resolution for a young adult is to obtain letters in support from the defendant’s family, friends, and community by attesting to their strong good character. Additionally, we may obtain school records, letters from employers, or even have an individual write a letter of apology to an alleged victim. Any steps that can be taken to prove to the Judge that the individual before them is deserving of a second chance. Tanis Schultz, PLLC puts our clients in the best position possible to obtain a favorable HYTA outcome.
If HYTA is granted by the Judge, the defendant will receive a similar sentence to what they normally would receive – probation, fines, and community service. Incarceration may be included in the sentence depending on the crime and what your experienced criminal defense attorney is able to work out with the prosecutor and judge. The maximum amount of probation time for a HYTA term is three years.
If the individual successfully completes probation under the HYTA status, without committing any other offenses, without violating the terms of probation, and without getting in any additional trouble, the Court will vacate the conviction and dismiss the charge(s) against them. During the probation period, the individual’s record is sealed – so it is not a public record that could be seen by a school or employer. A non-public record will still be kept. It will be accessible to courts to determine if an individual ever received HTYA previously.
If a defendant violates the terms of their probation, the Court may revoke their HYTA status and the record of conviction will go onto the defendant’s public record.
HYTA is a wonderful Michigan Law that allows individuals who have made mistakes a second chance. It allows young adults a chance to move on with their lives, school, employment, etc. without having the fear of checking “yes” to a criminal conviction on any application. It allows young people a chance for a fresh start after a mistake. To not have a conviction follow them around for the rest of their lives.
Grand Rapids HYTA Attorneys are Here to Help
If you or a loved one has been charged with a crime contact our office today to discuss what your options may be. We tailor every case to the specific individual to achieve the best outcomes possible for our clients.