What is HYTA?
HYTA is a Michigan Law that gives first time offenders a chance to avoid criminal convictions. It stands for the Holmes Youthful Trainee Act and can be found under MCL 762.11. Some people refer to it as YTA or Youthful Trainee Act.
Who does HYTA apply to in Michigan?
HYTA applies to people between the ages 17 and 24. If you are under 17, then you may be eligible for other programs. If you are 24 or older, there may be other options such as 7411 for drug offenses or a deferred sentence program if approved.
Can you use HYTA for all crimes in Michigan?
Unfortunately, no. Even though HYTA is an effective tool for avoiding a conviction, it doesn’t apply to all crimes. Some crimes that are excluded are traffic offenses, capital offences, some drug offenses, some sex crimes among other things.
How does HYTA work in Michigan?
The way HYTA works is if you qualify, then you will need to plead guilty to the crime first. The judge will then decide whether they will grant you HYTA status. This is solely the judge’s decision if the defendant is under 21. If they are 21, but not 24, then the defendant will also need the prosecutor’s approval. Once you are granted HYTA status, then the case will become non-public. This means that only the court and the defendant will have access to the file. The judge will then also sentence the defendant to a term of probation among other things. If the defendant does everything they are ordered to do, then the case stays non-public, the case gets dismissed, and probation ends.
If a defendant completes HYTA successfully, then they can also honestly say they were never convicted of that crime. The caveat is that even though the case is non-public, it can still be accessed for some situations like employment for law enforcement among other jobs.
If you are under 24 and charged with a crime in Ann Arbor, Saline, Chelsea, Dexter, Ypsilanti, Brighton, Howell, Fowlerville, Jackson or within the Washtenaw, Livingston, and surrounding counties, call me so we can discuss your options. HYTA may be an option. Call me at (734) 887-6079 for a free consultation.
Here is the link to look up your criminal case in the 15th District Court in Ann Arbor: https://www.a2gov.org/departments/15D/online-services/pages/case-search.aspx
Here is the actual law for HYTA in Michigan: http://www.legislature.mi.gov/(S(h5f24oipnctbaoi3xj50i31n))/mileg.aspx?page=GetObject&objectname=mcl-762-11