If you are charged with a Sexual Assault crime and you are between the ages of 18-24 at the time of sentencing, you may be eligible for a program that allows you to still have a very bright future ahead. The program is called the Holmes Youthful Trainee Act, HYTA. MCL 762.11.
Holmes Youthful Trainee Act Michigan
The Holmes Youthful Trainee Act provides a mechanism for those youthful offenders who commit certain sexually related crimes at a certain age to be excused from even having a criminal record. The Judge of record has the authority and discretion to decide if he/she wants to, for an individual, consider and assign HYTA eligibility.
If you are considered and approved for HYTA status, then a Judge will move forward without entering a judgment of conviction into the criminal system. Instead, at the discretion of the Judge, he/she will sentence you to HYTA Prison and/or probation. So long as you successfully complete either, the original charge(s) will be completely removed from your record.
HYTA prison is where similarly aged people will be incarcerated together. You will not be going to jail/prison with older adults. It is a facility that only houses those aged 24 and under.
The purpose of the Holmes Youthful Trainee Act is to alleviate future problems with youthful offenders by permitting the use of rehabilitation procedures prior to slapping a conviction on your record. The granting of HYTA status is equivalent to getting a second chance at life. If you do not follow the sentence of the Court once he/she has allowed you to get HYTA, you may see that second chance taken away from you in the blink of an eye. Then you will have a sex crime on your record.
If you are between the ages of 21 and 24, HYTA must be agreed upon by the prosecutor handling your case. The Judge cannot, on its own, assign an individual to the status of youthful trainee if the prosecutor is not on board.
Additionally, in order to take advantage of a HYTA plea, you must plead Guilty. There is no way around it. Just remember, even though you have to plead Guilty, so long as you successfully complete the HYTA program, the charge(s) will come off your record as if they were never there in the first place.
YOU NEED A LAWYER WITH LOTS OF SUCCESS IN GETTING HYTA
Criminal Defense Attorney Nicole Blank Becker has had hundreds of people receive Holmes Youthful Trainee status and go on to live very successful and flourishing lives. Nicole’s incredible credentials and experience can do the same for you.
Every client’s circumstance is different. Do not let lawyers who claim he/she does sex crimes abuse the attorney-client relationship and promise you he/she will get you Holmes Youthful Trainee Act status. HYTA is NOT A GUARANTEE! That is why, if you find yourself in a position where HYTA may be something you wish to take advantage of, call Nicole immediately. Nicole will lay out all of the options with you and develop the best plan to make your goals come to true.
Whenever Holmes Youthful Trainee Act is requested, the state is able to give their opinion as to whether or not you should receive the benefit of the status of youthful trainee. Sometimes the state vehemently objects to you receiving the benefit of HYTA status. Attorney Nicole Blank Becker has successfully secured HYTA status for her clients over and over again, against the objections by the state. Knowing that you received the benefit of HYTA status and will eventually be freed of the stigma, i.e. the scarlet letter, truly makes receiving the approval to a plea under HYTA a gift.
As the prior Chief of the Sex Crimes Unit, Nicole is beyond knowledgeable when it comes to applying HYTA to sex crimes. Nicole is the lawyer you need in your corner to assist you in securing the gift of HYTA.
Frequently Asked Questions about HYTA:
Q: AM I ELIGIBLE FOR HYTA STATUS?
A: In order to be eligible for HYTA, the following must apply: If an individual pleads guilty to a criminal offense, committed on or after their eighteenth birthday, but before their twenty-fourth birthday, the court, depending on the criminal offense, may, without entering a judgment of conviction, and with their consent, consider and assign an individual to the status of youthful trainee.
The court will not assign the individual to youthful trainee if the criminal offense committed was on or after their twenty-first birthday, but before their twenty-fourth birthday, or if the individual is found guilty of a criminal sexual conduct (CSC) charge or major controlled substance charge, without the consent of the prosecutor.
Q: WHAT DOES A SENTENCE UNDER HYTA LOOK LIKE?
A: A sentence that includes HYTA allows the Judge the authority to either assign you to HYTA prison, not to exceed 3 years, or assign you to a period of probation, not to exceed three years. If you are put on probation, you will be supervised by a probation officer.
Q: WHAT IS THE BENEFIT OF BEING ON HYTA STATUS?
A: To be granted HYTA is a gift. Once you are put on HYTA status, so long as you successfully complete HYTA prison or probation, the original charge will be removed as if it was never there.
Q: ARE THERE SEXUAL ASSAULT CHARGES THAT CANNOT RECEIVE THE BENIFIT OF HYTA STATUS?
A: Yes. The following are examples of some of the criminal offenses that DO NOT QUALIFY the accused for HYTA eligibility:
- A felony for which the maximum penalty is imprisonment for life
- Major controlled substance offenses
- A traffic offense
- CSC charges involving “force or coercion”
- CSC charges involving a child under 13 years old, etc.
Nicole Blank Becker of Blank Law, PC is one of the top criminal defense lawyers in Michigan that is solely focused on sex crimes. She has both prosecuted and defended thousands of accused persons, with unmatched success. Contact her online or call Nicole toll free today to learn how the best criminal defense in Michigan can help you handle your case.
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