Holmes Youthful Trainee Act – Charges Dismissed!
If you or a loved one face a felony or misdemeanor charge and committed the alleged offense on or before the individual’s 26th birthday, there may be an opportunity to have a second chance.
Advisement and Dismissal for Youthful Offenders
It may be possible for a person charged with certain criminal charges to plead guilty in Michigan and have their criminal conviction taken under advisement and ultimately dismissed pursuant to the Holmes Youthful Trainee Act. It is hard to believe that a young person before age 26 can be guilty of a misdemeanor or a felony and still walk away with a clean record, but it is possible!
Under a Michigan law called the Holmes Youthful Trainee Act (HYTA), you may be able to avoid having a criminal conviction on your record, as long as you and your case meet specific requirements. An experienced, aggressive, and passionate criminal defense lawyer who knows the details and subtleties of the Michigan Holmes Youthful Trainee Act and Michigan judges can give you the best chance of walking away from a criminal charge with a clean record.
Under HYTA, a youthful person can ask a judge to accept their case under advisement following a guilty plea. If accepted, the case will disappear from any public records, and there will not be a conviction, so long as they complete probation successfully. The judge can grant HYTA status to individuals between 17 and 21 over the prosecutor’s objection. For those defendants who were at least 21 years old but younger than 26, the defense lawyer will have to persuade the prosecution to agree to HTYA status.
Experienced and Effective Holmes Youthful Trainee Act Lawyers Can Make the Difference
If a judge rules that a criminal offense is genuinely an “isolated incident” in a person’s life, a criminal conviction may be too harsh a penalty. The HYTA allows a judge to grant a defendant a “deferred judgment” and, ultimately, a dismissal. HYTA is different and much better than a “delayed sentence.” A “deferred judgment” or “under advisement” offense is not reported as a conviction and stays out of the public record.
Getting HYTA is far from automatic and careful preparation, thought, and planning are critical. A meticulous analysis of you and your case will help LEWIS & DICKSTEIN, P.L.L.C. determine whether this is a viable opportunity in your case. Youthful offenders older than 21 but younger than 26 will need the assistance of an influential lawyer to ensure they have the best chance of HYTA status.
A defendant charged with a life offense, a major controlled substance offense, or a traffic offense is not eligible for HYTA; however, there may still be hope if you work with an experienced lawyer. If such a charge is reduced or changed to an HYTA-eligible offense, the assignment as a “youthful trainee” may still be possible. According to the Holmes Youthful Trainee Act, the prosecutor must consult with a victim if they offer a plea bargain to reduce a serious offense, such as a life offense, criminal sexual conduct, a major controlled substance offense, or a crime under the Motor Vehicle Code.
Complete Dismissal without Public Record
If the judge grants a defendant HYTA status and the court finds that they have stayed out of further trouble, the court will remove the conviction from their public record and never enter a formal, public conviction. Essentially, there is no public record that potential employers, schools, banks, or other public institutions can access or review. Michigan will only maintain non-public records of the case for limited purposes.
A Great Lawyer Can Save a Person’s Future
An experienced, knowledgeable defense lawyer must convince the court that the individual is deserving of HYTA. A great defense lawyer must stay on top of the recent changes in the Holmes Youthful Training Act laws so that no error jeopardizes their client’s future.
Holmes Youthful Trainee Act and Sex Offenses
A recent Michigan Court of Appeals decision found that the purpose of the Sex Offender Registration Act “is not served by requiring an otherwise law-abiding adult to be forever branded as a sex offender because of a juvenile transgression involving consensual sex during a Romeo and Juliet relationship [where one participant is under the age of consent but no more than four years younger than the other participant].” A defendant accepted under HYTA in a criminal sexual conduct case may not have to register as a sex offender under certain circumstances.
Free Consultation – HYTA Defense Experts
HYTA is complicated, and judges do not automatically grant this special status. If a lawyer fails to persuade a judge to accept their client on HYTA, the court will convict them of an offense with potentially life-changing consequences. The defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. will provide you with a free consultation and an assessment of treatment eligibility under HYTA. If there is a way to persuade the judge or prosecutor to dismiss the charges, we will find it.
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.