Metro Detroit’s Best Criminal Defense Attorney Can Help Young Adults with the Holmes Youthful Trainee Act
What Is The Holmes Youthful Trainee Act?
HYTA allows young offenders to keep their records clean and stay out of jail. 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 youthful offenders. If negotiated and accepted, then you will not have a criminal conviction on your record (think of HYTA as a form of an expunged record or a conviction being set-aside without a waiting period). The court will not 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 2 years for a misdemeanor and 5 years for a felony) 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.
Benefits of Remaining Conviction Free
The consequences from criminal convictions can be severe and long-lasting. It can affect 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.
How Do I get HYTA?
If you can get HYTA, it is a great thing – but you must convince the judge and/or prosecutor first. There is no limit to the number of times or cases you can use HYTA. You can get HYTA even if you have prior offenses on your record.
If the crime was committed between your 17th and 21st birthday, you need to convince the judge to give you HYTA. If the crime was committed between your 21st and 24th birthdays, you will also need the consent of the prosecutor.
Can HYTA Apply To Anything – Are There Any Downsides To This Program?
There are certain exemptions to receiving HYTA. 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 HYTA status. Almost all misdemeanor and felony offenses are eligible for HYTA. However, some offenses are precluded. 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 that fall outside of HYTA 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 Offices of Barton Morris. His attorneys are experienced at negotiating the case so that the charge as listed may be modified to a HYTA-eligible offense.
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 Offices of Barton Morris 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.