The Holmes Youthful Trainee Act, more commonly known as HYTA, is a section of the law which allows for beneficial sentencing for youth offenders. This law is designed to aid youth offenders in rehabilitation without some of the more long-term and harsher punishments and consequences which sentencing can carry. This is different from being tried in a juvenile court. To be tried in a juvenile court, one needs to be under the age of 18. This age barrier is similar to other states, which mark a clear age distinction between adults and those underage. It allows for the charge to not be placed as public information, meaning that the publicly accessible background of an individual will not show this charge. HYTA does not rule out incarceration entirely, but judges have the option to issue probation orders when applicable.
Having a competent criminal defense attorney by your side is important in issues like these. Ashley Duplessis has years of criminal defense work and has worked with youth and juvenile offenders extensively. Contact us today at 248-372-1527 or click here.
HYTA – What the law says
Certain criminal offenses are automatically excluded from HYTA protections. Understandably, these are severe offenses (capital punishments, severe sexual offenses, and severe drug offenses.), likewise, many misdemeanors and felonies are available for HYTA. Having HYTA available can be a huge benefit to the young offenders. Although it is not entirely a “clean-slate (because the court keeps the records for their discretionary view), it can protect those charged from issues down the road. Recently, a major expansion of the law has taken place. The law’s age limits have been expanded. A person can have HYTA at their disposal now until the age of 26. Another important aspect of the age limits is when the prosecutor’s consent is required to enter the HYTA plea agreement. Currently, if the offense is committed after the defendants 21st birthday, then the prosecution must consent to HYTA. Prior to the 21st birthday, the judge has full discretion.
HYTA – What is the process?
HYTA is hugely beneficial to the accused because it removes the full punishment of the charge. This means that if HYTA is available to the defendant, instead of facing the full force of the law, the judge can order the defendant to enter a probationary period. This probation can include random drug tests, electronic monitoring (if the person is above 21 years of age), and other court mandated programs. It is important to note that incarceration is an option the judge may impose. Usually a person who is incarcerated under HYTA has a reduced sentence and probation along with that sentence.
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Charges received at a young age can affect every aspect of one’s life. Charges can prevent someone from receiving financial aid,, acceptance into college, as well as maintaining employment. It is important that you have a Detroit attorney who will be in your corner every step of the way.
If you are facing charges and wonder if you can qualify for HYTA contact us today.