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Michigan’s Holmes Youthful Trainee Act (HYTA) and the Law

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As we have said in the first part of this series, we all make mistakes. As the law becomes fully aware of the circumstances of the youth while growing up it becomes more and more lenient when it comes to forgiving the offences and the youthful mistakes of individuals. Michigan’s Holmes Youthful Trainee Act (HYTA) is the perfect example of how mistakes can be forgiven, forgotten, and set aside.

With that, let us look at the law on Michigan’s Holmes Youthful Trainee Act (HYTA) and every legal aspect of the case. 

The Holmes Youthful Trainee Act

The Holmes Youthful Trainee Act is the specific law that aims to cover the second chance given to youthful adult offenders. For reference, the law provides the following:

(1) Except as provided in subsections (2) and (3), 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 shall not be assigned to youthful trainee status without the consent of the prosecuting attorney.

(2) Subsection (1) does not apply to any of the following:

(a) A felony for which the maximum penalty is imprisonment for life

(b) A major controlled substance offense.

(c) A traffic offense.

(d) A violation, attempted violation, or conspiracy to violate section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.

(e) A violation, attempted violation, or conspiracy to violate section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g, with the intent to commit a violation of section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.

(3) The court shall not assign an individual to the status of a youthful trainee if any of the following apply:

(a) The individual was previously convicted of or adjudicated for a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732.

(b) If the individual is charged with a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732, the individual fails to carry the burden of proving by clear and convincing evidence that he or she is not likely to engage in further listed offenses.

(c) The court determines that the offense involved any of the following:

(i) A factor set forth in section 520b(1)(a) to (h) of the Michigan penal code, 1931 PA 328, MCL 750.520b.

(ii) A factor set forth in section 520c(1)(a) to (l) of the Michigan penal code, 1931 PA 328, MCL 750.520c.

(iii) A factor set forth in section 520d(1)(b) to (e) of the Michigan penal code, 1931 PA 328, MCL 750.520d.

(iv) A factor set forth in section 520e(1)(b) to (f) of the Michigan penal code, 1931 PA 328, MCL 750.520e.

(4) As used in this section:

(a) “Listed offense” means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(b) “Traffic offense” means a violation of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and, at the time of the violation, is a felony or a misdemeanor. 

Our Article Series

Here at Haque Legal, it is our goal to make sure that you will get all of the information that you need about the law that could apply to use. In our blogs, you will find the many articles that we have written about the HYTA and how it will affect you. 

Do I need a lawyer to handle my HYTA case?

Yes, you need to have a lawyer who can handle your case especially in terms of the legal geography and the strategy that you need to play for you to get a favorable HYTA decision from the court.

Keep in mind that granting you this status is not mandatory on the part of the court but it is discretionary. There are still requirements and terms that you should comply with for you to get the protection that is provided for by the HYTA status.

Let Haque Legal Help You With Your HYTA Application

Now that you know some facts about dealing with HYTA, you must begin the process. Keep in mind that for HYTA applications, time is of the essence and you need to prove the existence of certain factors and specific terms that would apply in your case. While our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used, we also aim on helping out people with their needs for a second chance. We can help you with your HYTA needs.

Disclaimer:

The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

Let us help you out.

If you need a lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.

The post Michigan’s Holmes Youthful Trainee Act (HYTA) and the Law appeared first on Haque Legal.

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