HOLMES YOUTHFUL TRAINEE ACT – HYTA
Fortunately, for youth offenders, the legislature has created the Holmes Youthful Trainee Act – (HYTA ). HYTA status only applies to individuals between the ages of 18 – 24 years old. If you are over the age of 21, the state has to agree to HYTA.
The purpose of HYTA is to alleviate problems with young offenders by permitting the use of rehabilitation procedures prior to a conviction. The granting of HYTA status is equivalent to getting a second chance in life. At sentencing the court will not enter a judgment of conviction.
The penalties that exist for Sexual Assault charges are harsh and often affect the accused in a negative manner for the rest of his/her life. Whether a plea is taken to a Sexual Assault crime or a jury trial does not end in the accused’s favor, when it comes to Criminal Sexual Assault crimes, the stakes are high. Not only is jail or prison a real possibility, but once you have completed your jail or prison time you may have to wear an electronic monitoring device (a teather) for the rest of your life and you may have to register as a sex offender on the Michigan Sex Offender Registry for the rest of your life.
WHO IS ELIGIBLE FOR HYTA STATUS?
In order to be eligible for HYTA, the following must apply:
★ If the accused pleads guilty to a criminal offense, committed on or after their eighteenth birthday but before his/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.
WHAT DOES A SENTENCE UNDER HYTA LOOK LIKE?
A sentence that assigns the accused to HYTA status and the underlying charge is an offense punishable by imprisonment in a state prison for a term of more than one year, the court shall (which means MUST):
- Commit the accused to the department of corrections for custodial supervision and
training for a period not to exceed three years in an institutional facility designated by the
department for such purpose, or
- Place the accused on probation for a period not to exceed three years.
An accused placed on probation shall be under the supervision of a probation officer.
WHAT IS THE BENEFIT OF BEING ON HYTA STATUS?
To be granted HYTA status is a gift. Once the accused is put on HYTA status, so long as the accused successfully completes probation and/or HYTA prison, the original charge will be removed as if it was never charged.
ARE THERE CRIMES THAT CANNOT GET HYTA STATUS?
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.
- A major controlled substance offense.
- A traffic offense.
- Criminal Sexual Conduct charges involving “force or coercion”
- Criminal Sexual Conduct charges involving a child under 13 years old.
- If the accused is charged with a listed offense for which registration is required under the
sex offenders registration act.
Blank Law, PC has been extremely successful in getting their clients HYTA status. Even when the state vehemently objects to the judge, arguing that our client should not receive the benefit of HYTA, we have successfully secured HYTA status for our clients over and over again. Although there are restrictions that go along with HYTA status, knowing that you will eventually be freed of the “Sexual Predator ” scarlet letter, makes a plea under HYTA a gift. Blank Law, PC’s years of experience, specifically with Sex Crimes, will assist you in securing that gift of HYTA.
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