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 we take on a criminal case, the first thing we look for is the possibility of a dismissal. One way we get our client’s charges dismissed is 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.
HYTA is available to defendants between the ages of 17 and 24. It gives youthful offenders a second (or third, or fourth) chance to protect their futures. While certain crimes, like Operating a Vehicle While Intoxicated and Carjacking, are not eligible for HYTA status, creative attorneys like those at LEWIS & DICKSTEIN, PLLC have had success convincing prosecutors to allow defendants to plead guilty under HYTA to amended charges.
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 him or her by the court, the dismisses the case.
The defendant may truthfully state that he or she was 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 24, the consent of the prosecutor 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 you or a young person in your life have been accused 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, PLLC 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 a Request for Assistance Form and we will contact you promptly.