At age 18, a person is considered an adult in the Michigan court system for his or her criminal conduct. Individuals that are age 17 or younger are considered juveniles. There are several differences between the adult criminal justice system and the juvenile delinquency system. The major difference is that juveniles cannot be sentenced as adults to a term of imprisonment. Under certain circumstances, a juvenile may be tried and sentenced as an adult.
This website page is dedicated to the topic of HYTA which allows for dismissals of felonies and misdemeanors committed by individuals that have attained the age 18 but before the age 26. Prior to October 1, 2021, HYTA only applied to offenses committed prior to an individual’s 24th birthday.
Put your case in our hands and have one of the most respected law firms in Metro Detroit by your side to get the best results for all adult or juvenile proceedings. CALL 586-412-5555 for a free consultation, same day office visit and answers to all of your pressing questions including:
- Will I go to jail?
- Can my case be dismissed?
- Can I avoid a felony conviction?
- Can I get HYTA status or deal to keep my record clean?
Fortunately, Michigan has a law known as the Holmes Youthful Trainee Act (commonly referred to as HYTA) that is gives eligible offenders the chance to get criminal offense(s) dismissed. Eligible offenders are those that meet the age requirement for HYTA:
HYTA applies to adult offenders that commit an eligible criminal offense
after age 17 but before his or her 26th birthday.
Upon compliance with the terms and conditions set by the court, the matter is dismissed as though it did not happen. An offense dismissed pursuant to HYTA has the following features:
- The record is sealed by the court and by the Michigan State Police.
- The offender is not required to disclose the crime on a job or school application unless the application specifically asks for details or history of cases that have been dismissed.
ABDO LAW recommends that you consult with an attorney if you are not sure what information should be disclosed on an application.
The following offenses are not eligible for HYTA status:
- Most criminal sexual conduct offenses
- Traffic crimes (reckless driving, DWLS, leaving scene of an accident)
- Offenses that carry a maximum penalty of life in prison
- Operating while intoxicated or impaired
There are always positive options when you have the right lawyer by your side that knows how to look beyond obstacles such as HYTA age barriers and situations where a client is charged with an ineligible HYTA offense. Contact ABDO LAW and let us explain how we have negotiated plea bargains to amend an ineligible crime for one that is eligible for favorable HYTA status. In addition, it is always worthwhile to fight traffic offenses to save points and potentially avoid a criminal conviction.HYTA Gets the Case Dismissed and the Offender out of the Court System!
The HYTA statute is found at MCL 762.11. Again, an individual between ages 18 but under age 26 that commits a criminal offense may be assigned to HYTA status. Every HYTA request requires the approval by the judge assigned to the case. For offenses committed by individuals age 21 or older, the consent of the prosecuting attorney is also required. The consent of the prosecutor is not required for offenses committed by individuals ages 18 to 20.
The major benefit of HYTA is that a conviction, or judgment of guilt,
is not entered with the court and the proceedings are deferred.
While the proceedings are deferred, an individual is placed on probation and the court may impose conditions while the person is on probation. The probation conditions which may be imposed may include house arrest, random drug testing and attendance of counseling. The court can also require a person assigned to HYTA status to seek or maintain education and employment. Upon compliance with the terms of probation, the case is dismissed and a non-public record of proceedings is maintained by the Michigan State Police.
HYTA can be requested for almost every criminal matter including the following:
- Assault crimes
- Credit card crimes
- Check crimes
- Disorderly conduct
- Drug crimes
- False pretenses
- Improper posting messages on internet
- Malicious destruction of property
- Resisting and Obstructing
- Retail fraud
- Theft and larceny crimes
- Weapons and gun crimes
Your criminal record is maintained by the Michigan State Police in a system known as the Law Enforcement Information Network. The Michigan Law Enforcement Information Network (LEIN) is a statewide computerized information system as a service to Michigan's criminal justice agencies. Access to LEIN is restricted to criminal justice agencies or those agencies statutorily granted authorization. However, individual may do criminal record background searches by logging into the Michigan State Police website known as ICHAT. A record check on anyone can be requested on ICHAT by providing certain information and making the required payment.
Some facts about HYTA
- HYTA does not apply to juvenile delinquency cases, age 17 or younger.
- HYTA may be requested more than once for eligible offenders.
- Multiple crimes by a single person may be eligible for HYTA.
- HYTA may include incarceration followed by probation.
There are numerous ways to get into deep trouble by posting or messaging inappropriate content or by engaging in activity on questionable websites or places that contain graphic images or child pornography. Most criminal offenses for engaging in this type of conduct will constitute a felony. We urge our clients to steer clear of any of these activities and to consider cleaning up their social media pages of anything that could be incriminating, depict violence, drug use or sexuality.HYTA can be Used Everywhere in Michigan!
The ABDO LAW FIRM will examine every case to determine if a legal defense can be advanced to negate criminal charges. In addition, we look for ways to get our clients out of the criminal justice system without a conviction by utilizing HYTA or other alternative sentencing programs to avoid a conviction, felony record or embarrassing criminal history. HYTA status is available in every court located in Macomb County, Oakland County, Wayne County, St. Clair County and all of the following courts where we regularly practice:
37th District Court Warren and Centerline
38th District Court Eastpointe
39th District Court Roseville and Fraser
40th District Court St. Clair Shores
41A District Court Sterling Heights, Shelby, Macomb Twp., Utica
41B District Court Clinton Twp., Harrison Twp., Mount Clemens
42-1 District Court Romeo, Washington Twp., Ray Twp., Richmond, Armada
42-2 District Court New Baltimore, Chesterfield Twp., Lenox, New Haven
44th District Court Royal Oak, Berkley
52-4 District Troy
72nd District Court Locations in Marine City and Port Huron
Call the ABDO LAW FIRM 24 Hours
Free consultation & same day office visit!
Phone: 586-412-5555 Toll Free: 844-Got-Abdo