HYTA, or the Holmes Youthful Trainee Act, is a Michigan diversionary program that can keep a criminal conviction off your record!
The Holmes Youthful Trainee Act, also known as HYTA, is a Michigan law that allows specific individuals who have been charged with crimes to have their criminal records sealed. This act is open to individuals between the ages of 17 and 26 when they committed the crime.
If you are convicted of a felony or misdemeanor, you may be able to take advantage of HYTA and have your criminal record sealed. This program allows you to keep a criminal conviction off of your record.
In the Holmes Youthful Trainee Act, you can avoid major criminal offenses such as certain criminal sexual conduct charges and serious controlled substance offenses. We will discuss the eligibility requirements for HYTA and how they can help you seal your criminal record.
A Michigan criminal defense attorney can assist you in determining if you are eligible for HYTA and help you through the process of having your record sealed. Bruce Law Firm has experienced lawyers who can help you with your HYTA case. Contact us today for a free consultation.
Table of Contents
- HYTA, or the Holmes Youthful Trainee Act, is a Michigan diversionary program that can keep a criminal conviction off your record!
- What is HYTA, and what does it stand for?
- Who is eligible for HYTA status, and what criminal offense qualifies?
- How does the program work, and what are the benefits of being a part of it?
- Can you get HYTA more than once in Michigan?
- What happens after HYTA Probation?
- Does HYTA show up on background checks?
- A Criminal Record Affects your life in many ways!
- Call the Michigan Criminal Defense Lawyers at Bruce Law Firm today for your free HYTA Consultation!
What is HYTA, and what does it stand for?
HYTA, also known as the Holmes Youthful Trainee Act, is a Michigan law that allows certain young offenders between 17 and 26 to keep a criminal conviction off their public record.
HYTA was enacted in Michigan in 1978 to give young people a second chance. The law has been changed over the years and now covers defendants up to their 26th birthdate.
The thinking behind the law is that youthful offenders are more likely to reform and lead productive lives if they do not have a criminal record.
HYTA is an essential tool for young people who have made a mistake and want to put it behind them. It allows them to have a clean slate and move on.
Michigan’s HYTA Law is located in MCL 762.11
HYTA, or the Holmes Youthful Trainee Act, is a program codified in the Michigan Penal Code in MCL Section 762.11 that is available to eligible offenders under the age of 26 at the time of the offense. It states in the pertinent part:
MCL 762.11 Criminal offense by individual between ages 17 and 24 before October 1, 2021, and 18 and 26 beginning October 1, 2021; assignment to the status of youthful trainee; consent of prosecuting attorney; exceptions; employment or school attendance; electronic monitoring; definitions.
(1) Until October 1, 2021 and except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual’s seventeenth birthday but before his or her twenty-fourth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee. If the offense was committed on or after the individual’s twenty-first birthday but before his or her twenty-fourth birthday, the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney.
(2) Beginning October 1, 2021, except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual’s eighteenth birthday but before his or her twenty-sixth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee. If the offense was committed on or after the individual’s twenty-first birthday but before his or her twenty-sixth birthday, the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney. If a defendant is charged with an offense listed under subsection (3) and the defendant pleads guilty to any other offense or will be eligible for the status of youthful trainee under subsection (4), the prosecutor shall consult with the victim regarding the applicability of this section.
Who is eligible for HYTA status, and what criminal offense qualifies?
The following are the requirements for an individual to be eligible for Holmes Youthful Trainee Act (HYTA) status:
- You must have been between 17 and 26 when the crime was committed. If you were outside this age range, you are not eligible for this program.
- Suppose you are charged with a felony for which the maximum penalty is life imprisonment, a major controlled substance offense, DUI, or traffic offenses. In that case, you will not be eligible for HYTA.
- HYTA is a program intended for people who demonstrate some responsibility for their actions. To be eligible for HYTA, you must plead guilty. A youthful offended cannot plead no contest to the offense.
The trial judge will consider the seriousness of your criminal offenses and your past criminal history. Major controlled substance offenses are often grounds not to offer HYTA status to a defendant.
The Judge will also consider prior convictions, prior Holmes Youthful Trainee Act (HYTA) adjudications, past .7411 sentences, or any other previous diversions granted to the defendant. A simple prior traffic offense would likely not prevent one from being granted HYTA status.
If the Judge believes that HYTA is appropriate for you, the Judge may grant HYTA status. The decision to place someone in HYTA is up to the Judge’s discretion. Having an experienced criminal defense attorney can help you navigate the HYTA process and ensure that you are eligible for this program.
Can you receive Holmes Youthful Trainee Act (HYTA) for Criminal Sexual Conduct Cases?
Holmes Youthful Trainee Act (HYTA) is not available for most criminal sexual conduct cases. For example, first-degree CSC carries a mandatory minimum sentence of 25 years with the potential for life in prison. This is not eligible for HYTA.
Second-degree CSC has a maximum possible sentence of 15 years in prison but requires registration as a sex offender. However, the Holmes Youthful Trainee Act does not provide for HYTA status for second-degree sexual conduct cases.
Third-degree CSC and Fourth-degree CSC are the only degrees of criminal sexual conduct that could be eligible for HYTA. The maximum sentence for third-degree CSC is 15 years in prison, and the maximum sentence for fourth-degree CSC is two years in prison.
Several factors will be considered to determine if someone convicted of third or fourth-degree sexual conduct will receive HYTA, including the facts and circumstances of the offense, the offender’s age, criminal history, and the impact on the victim.
SORA or sex offenders registration act registration can be avoided by applying the Holmes Youthful Trainee Act (HYTA).
If you or someone you know is facing criminal sexual conduct charges and would like to learn more about the HYTA program, contact an experienced Michigan sex crimes lawyer.
Who decides who is eligible for HYTA?
Holmes Youthful Trainee Act (HYTA) status is not automatic and requires the approval of the Judge assigned to the matter and the prosecuting attorney for individuals age 21 or older. For HYTA cases involving individuals ages 18 to 20, only the approval of the Judge is required. The presiding Judge decides if holmes youthful trainee status is applicable in any case.
How does the program work, and what are the benefits of being a part of it?
Once an individual has been approved for HYTA, they must complete the sentence set by the court. In most cases, a defendant sentenced under the Holmes Youthful Trainee Act will receive a sentence comparable to the sentence they would have received without being granted HYTA status.
Probation, fines, and community service are standard Holmes Youthful Trainee Act (HYTA) sentences. Depending on the severity of the crime, a period of imprisonment may be part of the sentence. This can include a sentence of prison with the Department of Corrections.
Probation Violation and Holmes Youthful Trainee Status Probation
If individuals commit a probation violation on any rule or condition of their HYTA status, they will lose HYTA, and their criminal conviction will go on their public record. A HYTA violation hearing will determine if an individual will retain or lose HYTA status.
Some of the conditions of HYTA include obeying all laws, not possessing any illegal drugs or weapons, maintaining employment, completing counseling or treatment programs, and adhering to a curfew. This will always constitute a violation if someone is charged with another crime while on HYTA status.
Violations of HYTA can result in further sentencing, including jail time. It is crucial to adhere to all the conditions of HYTA to avoid any potential consequences.
Holmes Youthful Trainee Act (HYTA) can provide tremendous relief and opportunity for those who qualify and complete the program. If you violate the terms of your HYTA sentence, an attorney can help you try and keep your HYTA status.
Can you get HYTA more than once in Michigan?
Yes, there is no limit to how many times a person is eligible for HYTA consideration. However, the more times you are charged with a crime, the harder it will be to convince a Judge to give you HYTA.
What happens after HYTA Probation?
Upon completing the HYTA program, the matter is dismissed, and the record is sealed. The court file is also destroyed. This means that the offender does not have to disclose the crime on a job or school application.
Does HYTA show up on background checks?
HYTA is a law in Michigan that allows certain youthful offenders to avoid having a criminal record. The conviction does not appear on the person’s criminal history, and the case is removed from the court’s public docket entries.
This means that background checks will not reveal the conviction. To be eligible for HYTA, the offender must complete a term of probation.
Once this is done, they can truthfully answer that they have never been convicted of a crime. HYTA can be a valuable tool for young people who make mistakes, as it allows them to move on with their lives without the burden of a criminal record.
Holmes Youthful Trainee Act (HYTA) is a non-public record
HYTA is a non-public record. This means law enforcement agencies and the military can still see the HYTA case. The Michigan State Police, the courts, and the police all keep records of the case.
However, the record is not public. A non-public record of the proceedings will still be kept and accessible to law enforcement and the courts to see if the individual has ever had HYTA in the past.
HYTA is an essential part of our justice system, and it is crucial that people know about it and how it can help them. HYTA is a valuable opportunity for young people who have been charged with a crime to have their records cleared. HYTA gives them a second chance and allows them to move on with their lives without a criminal record.
HYTA and Owning a Gun
After you have completed your HYTA probation, you will not have a criminal record for the offense you were charged with. Accordingly, your gun rights will not be affected. You will be able to purchase and possess a firearm.
HYTA is a great way to keep your record clean and prevent potential employers or schools from learning about a prior criminal charge. If you are eligible for HYTA, it is crucial to take advantage of it.
A Criminal Record Affects your life in many ways!
A criminal record affects your life in many ways. It can make it challenging to get a job, rent an apartment, or get into college. A criminal record can also affect your ability to get a professional license.
A criminal record is public information and can be found by anyone who does a background check. This means that your family, friends, and neighbors can all find out about your criminal record.
A criminal record can make it difficult to move on with your life after making a mistake. However, Holmes Youthful Trainee Act (HYTA) can help you avoid having a criminal record. HYTA is a valuable tool that can help you avoid the negative consequences of a criminal conviction.
If you or someone you know has been charged with a crime, it is essential to seek out experienced legal help. An experienced attorney can help you understand your options and ensure that you take advantage of all the opportunities. HYTA is an excellent opportunity for young people who have made mistakes. Don’t let a criminal conviction ruin your life. Seek out experienced legal help today.
Call the Michigan Criminal Defense Lawyers at Bruce Law Firm today for your free HYTA Consultation!
If you are interested in taking advantage of the Holmes Youthful Trainee Act (HYTA), it is crucial to contact a criminal defense attorney as soon as possible. The attorneys at our firm are experienced in helping individuals take advantage of HYTA and seal their criminal records.
We understand that this process can be confusing, so we are here to help guide you through every step of the way. Contact the Bruce Law Firm today for more information or schedule a consultation.