By: Nader W. Nassif, Esq.
As a young adult, if you find yourself facing criminal charges, you may have a path to keeping the conviction(s) off your record. In Michigan, the law acknowledges that young adults do not posses the same level of maturity as an adult over the age of 26. The Holmes Youthful Trainee act, known as HYTA, is intended to give young adults a chance at avoiding such a conviction. If a criminal conviction is placed on your record it can have severe negative consequences on employment, housing, and other areas of life for extended periods of time. HYTA is intended to instead provide rehabilitative guidance to young adults in an effort to keep them out of the criminal system in the future. HYTA was signed into Michigan law in 1966. In its original form it was available to offenders ages 17 to 21. The programs has since been expanded to young adults between the ages of 18 and 26 with additional restrictions and requirements possible for defendants over the age of 21.
Some offenses are ineligible for HYTA deferral including major criminal sexual conduct charges and offenses that carry a maximum penalty of life in prison. Previous convictions of criminal sexual conduct may make you ineligible to receive HYTA for subsequent lesser charges. Juvenile delinquency and traffic offenses may also not be deferred under HYTA, including Operating While Intoxicated charges.
If you intend to seek HYTA as a young adult you must entry a guilty plea to the offenses you are charged with. HYTA may be requested more than once and applied to multiple crimes for eligible defendants. If the court accepts you into youthful trainee status, the conviction will not be entered and the court and Michigan State Police records will become non-public.
The Michigan Supreme Court has said that HYTA should be applied liberally but the defendant must still demonstrate to the judge that they are a good candidate. Support letters from friends and family and community service can be good ways to show that you are working on your behavior and deserve a second chance. Most often, youthful trainees are assigned to a period of probation, fines, and restitution to victims. A defendant that receives HYTA may still be incarcerated but it is rare. If you are incarcerated, you may still be eligible for work release programs.
Different conditions both in court and during probation may be applied to defendants due to differences in age. If the defendant is over the age of 21, prosecution must consent to admit the defendant into youthful trainee status. Defendants over the age of 21 may also be subjected to electronic monitoring during their probationary period. All defendants will be asked to maintain employment or schooling during their probationary period.
Violation of any of the rules or conditions of your probation may result in the revocation of your HYTA status. Any violation will result in a hearing to determine if you are allowed to remain a youthful trainee. While judges do not like to remove HYTA, there may be additional conditions imposed in order for you to remain in the program. Upon completion of the probationary period and any other terms or conditions set by the court, your case will be dismissed and your record will be sealed by both the court and the Michigan State Police. You will not need to disclose information about the crime to a future employer, school, or landlord unless asked specifically about dismissed court cases.
Being charged with a crime as a young adult can be scary. Criminal convictions can have severe and lasting consequences on employment, housing, and education. My Michigan Legal attorneys have years of experience helping young adults qualify for HTYA. Contact us today to talk about your eligibility under the Holmes Youthful Trainee Act.
If you need legal help anywhere in the state of Michigan, then contact My Michigan Legal, PLLC at (844) 4MY-MICH (844-469-6424) today.
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