Metro Detroit’s Best Criminal Defense Attorney Can Help Young Adults with the Holmes Youthful Trainee Act
What Is The Holmes Youthful Trainee Act?
The Holmes Youthful Trainee Act (known as HYTA or simply YTA) is a state law plea-advisory program under M.C.L.A. § 762.11 that is available to those between the ages of 17 and 24 years old – so let’s start there. If younger than 17 or after reaching your 24th birthday, HYTA will not be applied to your case. If you plead guilty to any number of felonies or misdemeanors while in this age range, then a ‘deferred’ YTA status might be available to you. If between the ages of 21 and 24, the prosecutor must agree to allow for this designation / program to be entered into with the ultimate decision being left to the judge. The YTA status is a way of dealing with youthful mistakes and errors of judgment.
If negotiated and accepted, then you will not have a criminal conviction on your record (think of YTA as a form of an expunged record or a conviction being set-aside without a waiting period). The court will not immediately enter a judgment of conviction. The entire case becomes a non public record.
If HYTA is granted, the youthful trainee will go into a period of probation with the court (up to 3 years) with monitored compliance being mandatory. If the trainee successfully completes this probationary period, then the conviction is not entered and the case will forever be sealed and kept from public view. The offender will be discharged and the case will be dismissed.
Benefits of Remaining Conviction Free
The consequences from criminal convictions are frequently severe and long-lasting. It can effect schooling, housing, employment, and finances. The courts recognize that young people can and do get into trouble for things because of poor choices but do not deserve to be punished for the rest of their lives with a criminal conviction.
If you can get HYTA, it is a good thing – but you must plead guilty first. You are not necessarily ineligible for HYTA if you have prior offenses on your record. If you are innocent of the charges alleged in your case, then HYTA is not for you.
Can HYTA Apply To Anything – Are There Any Downsides To This Program?
HYTA can be a great thing if you can get it. One of the keys to HYTA is a successful completion of it during the stated probationary period to be determined by the court. If however, you are in violation of the terms of your order, HYTA may be revoked with a return to traditional sentencing guidelines and the conviction of crimes charged will go on your record.
There are certain exemptions to receiving a YTA deferred status. Trial courts have great discretion as to whether or not to accept a HYTA request. The courts primarily consider both the age of the defendant and the seriousness of the crime committed when granting YTA status. These assignments are subject to appellate review. Leading exemptions are:
- A previous conviction requiring registration under the sex offender’s registration act (SORA).
- Felonies that have a life imprisonment sentencing maximum.
- Major controlled substance offenses.
- Traffic offenses (including drunk driving).
While there may be other crimes pleaded to that fall outside of YTA consideration, this list covers the major ones. However, if you are age eligible for it and find yourself being charged with one of these crimes you would be well-served to work with the Law Office of Barton Morris as his staff are experts with knowledge of this statute and the possibility of negotiating a plea-deal with prosecutors so that the charge as listed may be modified to position it as being suitable for HYTA.
One other note about this rule – HYTA unlike other deferral programs, can have an unlimited amount of uses. In other words, it may be applies to multiple offenses so long as the judge is satisfied that all benchmarks for qualification are met. HYTA is an excellent offering for youthful offenders if they can get it and maintain it. Let the Law Office of Barton Morris help you with your criminal case today and get you back on the right track.
The Law Office of Barton W. Morris, Jr. Has SUCCESSFULLY Achieved HYTA Status For Numerous Clients. Let Us Work For You.
HYTA plea-negotiations are rather sensitive and specialized in nature. Remember that oftentimes prosecutors DO NOT want you under the protection that this statute provides – they want you to be charged and sentenced as an adult, which for you would mean having a judgment of conviction on your record. It is difficult to have records expunged and sealed with the consequences of criminal convictions having a negative impact for many years to come. Don’t take a chance with your future in this way. This is a specialized area of criminal defense law. You will want an attorney that can give you the best opportunity of getting HYTA status for your case. The Law Office of Barton W. Morris, Jr. can put their expertise to work for you in order to help you get the best outcome achievable. NO CRIMINAL CONVICTION IS A GOOD THING!!
An Informed and Planned Defense Is Your Best Solution
Contact The Law Office of Barton W. Morris, Jr. right away if you need assistance in dealing with your criminal case and various defenses and strategies that may be available to you. You will want the BEST CRIMINAL DEFENSE ATTORNEY POSSIBLE. You deserve to work with a lawyer who has gotten proven results in youthful offender cases and matters. You deserve to work with an attorney who will handle your case from the first phone call through resolution – someone who is an expert in dealing with prosecutors and judges that can help you plan possible defenses and create innovative strategies that other attorneys simply cannot. If you want the best Holmes Youthful Trainee Act criminal defense attorney available in Wayne, Oakland, Macomb, Washtenaw, Livingston, Kent, and Ingham Counties and around the Metro-Detroit area, along with other regions around the State of Michigan, please contact The Law Office of Barton W. Morris, Jr. today for a case evaluation. Contact his office at (248) 541-2600.