Young People Can Keep Clean Criminal Record to Age 26
Michigan amended the Holmes Youthful Trainee Act to allow youthful offenders and young adults to keep a clean criminal record.
With HYTA, a Young Person Will Have No Public Criminal History
The Holmes Youthful Trainee Act (HYTA) has been around for many years and permits young people with felony and misdemeanor charges to keep a clean criminal record. Adults under 26 years old can be impulsive and make thoughtless mistakes. A youthful indiscretion should not result in a permanent criminal record. HYTA is available to defendants who committed an offense when they were at least 18 but younger than 26. That person would enter a guilty plea to an agreed-upon offense, complete a non-public probationary period (often with many conditions), and avoid a conviction. At the end of the probationary period, the matter would be closed with no public record of a conviction. HYTA would help a young person pass a criminal background check for employment, school, etc.
Holmes Youthful Trainee Act (HYTA) allows young adults to keep a clean criminal record up to age 26 if the judge agrees. The benefits of HYTA are still not allowed for certain offenses such as a felony where the maximum penalty is life in prison, a major controlled substance offense, or a traffic offense. A young person under age 21 can be given HYTA consideration without the approval of a prosecuting attorney. However, when the crime occurred after your 21st birthday but before age 26, the prosecutor must agree to HYTA status.
Holmes Youthful Training Act (HYTA) is NOT a Guarantee
Judges are frequently reluctant to grant HYTA status to youthful offenders based upon a multitude of factors, including a prior record, financial or physical injury to a victim, poor grades, trouble at home, a juvenile record, lack of employment, use of drugs, or alcohol, multiple charges, and more. A highly experienced criminal defense lawyer will know the most persuasive arguments to convince a reluctant judge to grant HYTA. If the prosecutor is objecting to HYTA, there are legal, factual, and equitable arguments that an influential defense attorney can make to persuade the prosecutor to withdraw any objection so that the young person can keep a clean criminal record. In some cases, the defendant’s attorney can convince the prosecutor to support HYTA. When the stakes are high, and there is no room for error, you want the best lawyer possible to advocate for this critically important sentence consideration from the judge, especially a dismissal under HYTA.
When Your Freedom, Livelihood, and Future are at Stake
The Holmes Youthful Trainee Act is just one of many options available to help a person facing criminal charges. When you face criminal charges, possible incarceration, and the loss of a job, it is essential that you have the best legal help available. LEWIS & DICKSTEIN, P.L.L.C. takes a unique team approach in the representation of its clients. This means that each of its attorneys will have input on every case. Each of its attorneys has received individual recognition for their professionalism and expertise. These attorneys have decades of experience and have devoted their legal careers to helping people facing criminal charges. It is the passion of the attorneys of LEWIS & DICKSTEIN, P.L.L.C. to ensure their client’s legal and constitutional rights are protected.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.