Michigan Criminal Lawyer, Josh Jones

Holmes Youthful Trainee (HYTA) Explained by Michigan Criminal Lawyer, Josh Jones (2015 UPDATE)

What Is HYTA?

The Holmes Youthful Trainee Act, HYTA, is a deferral statue that has specific age restrictions for individuals attempting to use the statute. However, it is not allowed for a number of offenses, including offenses where the penalty is life, all traffic offenses, and most criminal sexual conduct offenses. To receive consideration under HYTA, a defendant must have committed the crime charged between the ages of 17 and 21, generally. Generally is being stated because under new provisions that took effect in 2015 extending the age of requirement up to 24 years of age. Moreover, the individual cannot be charged with a crimes falling under list of excluding crimes.

If, you are 21 years of age at the time the crime was committed you will NOW be eligible to apply for HYTA, including up to 24 years of age. However, the key wording is “up to,” meaning that if you are 24 years old at the time of committing the offense you will not be eligible. Furthermore, if you are over the age requirement at the time you are brought to court (meaning 24 or older) on the criminal charges you may still be eligible to apply for HYTA consideration, if at the time the crime was committed you were 17 years old, and under 24 years old.

It is important to note and understand that HYTA does not prevent a Judge from sending an individual to jail. Moreover, there are other considerations that may come into play beyond the statutory exclusions and jail when handling a matter being considered under HYTA. There is also the required probationary period or oversight a court will impose in order to determine whether an individual is successful under HTYA status.

What Are The Benefits Of HYTA?

Answer: Once you enter a plea of guilty under HYTA, there is no public record of the conviction. The court, on the other hand, will maintain a record of the incident and matter, yet the general public will not have access to the information. Upon successful completion of HTYA an individual will have their record remain nonpublic and a conviction of the criminal act will not ensue.

VERY Important Note: If an individual does not satisfy the terms and conditions of probation or Judgement of Sentence he or she could lose your HYTA status, which means your HYTA status could be revoked. If revoked the conviction(s) will be entered onto your criminal history and any and all repercussions extending from the conviction will become enforceable. When facing the possibility of losing HYTA status it becomes imperative to obtain a criminal defense lawyer. This can also be said when facing any criminal or traffic conviction, citation, warrant or charge.

PLEASE DO NOT RELY upon any of the information contained in this article when trying or attempting to represent yourself in any criminal matter. You should always consult with an attorney before relying upon any written advice, article, blog, opinion, etc. found within this site or any other site found on the World Wide Web. 

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