Plea Bargain for Holmes Youthful Trainee Act
With Holmes Youthful Trainee Act, more commonly known as HYTA, you can keep your criminal history clean and avoid a public criminal history.
When LEWIS & DICKSTEIN, P.L.L.C. takes on a client charged with a felony or misdemeanor criminal case, the first thing we look for is the possibility of a dismissal. We get our youthful clients’ charges dismissed through MCL 762.11, commonly known as the Holmes Youthful Trainee Act or HYTA. According to the statute, young defendants may be allowed to keep their records clean if they can comply with a term of probation. Plea bargaining for HYTA can be complicated and requires the prosecutor’s consent under certain circumstances. To ensure the best possible chance of getting youthful offender’s case dismissed from their public record, it is best to have a skilled, experienced lawyer handle the negotiations with the government.
HYTA is available to defendants between the ages of 17 and 26. It gives youthful offenders a second (or third, or fourth) chance to protect their futures. Certain crimes, like OWI and carjacking, are not eligible for HYTA status; however, the attorneys with LEWIS & DICKSTEIN, P.L.L.C. have successfully convinced prosecutors to offer plea bargains to HYTA eligible offenses.
If your attorney can convince the judge to grant HYTA, the court will accept a guilty plea from the defendant but not enter a conviction. Assuming the defendant complies with all conditions placed upon them by the court, the dismisses the case. If the defendant is over 21, the defense lawyer will have to negotiate a plea bargain for HYTA with the prosecutor.
The defendant may truthfully state that they were never convicted of a crime!
The requirements for HYTA are relatively straightforward but not automatic, so it is imperative that you retain a skilled attorney to fight for you in court. If the crime was committed by someone between the ages of 21 and 26, the prosecutor’s consent is required for the court to grant HYTA. If the offender is between the ages of 17 and under 21, prosecutorial consent is not required but can be helpful when persuading the judge that you are deserving of leniency. Either way, you want an experienced lawyer sitting down with the prosecutor and pushing for HYTA if a dismissal by other means is not possible. If the prosecutor agrees to a plea bargain for HYTA, it is more likely the judge will agree.
Frequently Asked Questions
How many times can you get HYTA in Michigan?
Although persuading a judge to accept multiple cases under HYTA is challenging, there is technically no limit to the number of cases that can be dismissed under the youthful offender statute.
What is Holmes Youthful Trainee Act?
It is a law that permits youthful offenders to avoid a misdemeanor or felony conviction if they can successfully complete a period of court supervision called probation.
How long does a prosecutor have to file charges in Michigan?
In most cases, the prosecutor has six (6) years to file charges. An adult remains eligible for HYTA even if the prosecutor doesn’t file charges until after the defendant is too old under the statute’s guidelines.
What is a 7411 in Michigan?
7411 is similar to HYTA but is reserved for drug possession cases. Unlike HYTA, 7411 doesn’t have age limitations.
How does HYTA work in Michigan?
If a defendant is given a plea bargain for HYTA or granted HYTA status by a judge, their case is taken under advisement, removed from public records, and the defendant is ordered to complete a period of probation. The record will remain nonpublic if the defendant successfully completes probation without a violation.
What is the Holmes Youthful Trainee Act?
It is a Michigan law, not a program or class. The law permits youthful offenders to complete probation and avoid a public criminal record.
What is youthful offender status in Michigan?
Youthful offender status refers to a defendant’s eligibility under HYTA criteria.
Does HYTA result in a conviction?
If a youthful offender gets a plea bargain for HYTA, their case does not result in a public record of a conviction if they successfully comply with the terms and conditions of their probation.
Does a case under HYTA go on your record?
A conviction under HYTA does not go on a person’s public record; however, Michigan maintains a nonpublic record accessible to law enforcement, courts, and a few other specified parties.
If a case was dismissed under HYTA, can it be considered in federal court?
Unfortunately, the federal government does not recognize Michigan’s HYTA statute.
Attorneys With A Track Record of Success Plea Bargaining for HYTA with the Court and Prosecutor
If someone accused you or a young person in your life of a crime in Oakland County, Wayne County, Macomb County, or elsewhere in Michigan, you need an attorney who will fight to keep your record clean and secure HYTA if it is available. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience defending the accused, and we understand the importance of a blemish-free record. Mistakes made in a person’s youth should not leave a permanent stain. The legislature intended to allow young people to benefit from this law, and you deserve an attorney by your side who will demand you get another chance.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.