Articles Tagged with HYTA

The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance.  Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:

1) The Defendant must plead guilty, according to MCL 762.11(1).  A Defendant who is convicted at trial is ineligible for HYTA status.  The statute also does not provide for HYTA status for Defendants that plead no contest;
2) The Defendant must not have a prior conviction or adjudication for an offense which requires SORA registration, pursuant to MCL 762.11(3)(a).  This applies to persons that have a prior sex offense as an adult or juvenile.

A criminal conviction can hurt a person’s ability to obtain school loans, get accepted into some school programs, advance in a career, and obtain licensing for some employment areas. Many are embarrassed by a prior criminal conviction, and worry how it will effect their reputation, and if their past will affect their family.

While a case is still pending prior to the entry of a conviction, there are several provisions in the law that allow the conviction to become a nonpublic record such as:
1) Holmes Youthful Trainee Act – HYTA is for persons between the age of 17 and 20 years.  There are some offenses in which HYTA is not allowed);

In Michigan, pursuant to MCL 762.11 and MCL 762.13, individuals from the age of 17 until their 21st birthday who are convicted of a crime may be eligible for Holmes Youthful Trainee Act (HYTA) to avoid a public record of conviction.  For individuals that are at least 21 years old, but you’re than 24 years old, HYTA can be obtained with the consent of the prosecutor and the Court.  In this manner, the convicted individual can report to employers and colleges that they do not have a criminal record.  An assignment of HYTA shall not be deemed a conviction of a crime and such person shall suffer no civil disability, right or privilege following his or her release from such status because of such assignment as a youthful trainee.  The rationale behind HYTA is that young persons often have issues with immaturity and flawed judgment, and in some instances should be given a second chance so the conviction will not hurt them in the future.

All proceedings relative to the sentence imposed under HYTA are closed from public inspection.  The records area available to the Courts, the Department of Corrections, the Department of Social Services, the criminal defense attorney, and law enforcement in the performance of their duties.  The victim of the crime also is not precluded from receiving notice, information, and records that otherwise are closed to public inspection (see MCL 780.752a, MCL 780.781a, MCL 780.811b).
For any case in which HYTA might be applicable it is important to retain an experienced criminal defense lawyer such as attorney Daniel Hilf.  This is something that should not be left to chance or second rate legal representation.  It is too important.