Holmes Youthful Training Act

Young adult defendants without a serious criminal history might be eligible for dismissal of charges after successfully completing probation. A skilled, experienced lawyer gives a youthful defendant their best chance.

A Young Adult Might Be Eligible for an HYTA Dismissal of Charges

HYTA is an acronym for the Holmes Youthful Trainee Act. The statute allows youthful offenders and young adults to keep their records clean if they face felony or misdemeanor charges. We’ve all heard about people applying for jobs, school, public benefits, fighting over custody, having something they did in the past surface, and keeping them from moving forward. The Holmes Youthful Trainee Act (HYTA) helps young people keep a youthful indiscretion off their criminal history, so they don’t have to worry about a lapse of judgment ruining their future. Dismissal of charges under the HYTA is not guaranteed, and persuading a judge to grant youthful offender status can be challenging. If a defendant or their lawyer fails to convince the judge they will remain law-abiding, the judge will deny the request to have the charge taken under advisement.

HYTA Basic Outline of Requirements

HYTA is available to someone who commits a crime after their 18th birthday but before they are 26. Most charges are eligible for under advisement status under HYTA; however, “capital offenses” (like murder), some Criminal Sexual Conduct charges, major controlled substance charges (drug delivery), and traffic offenses (like drunk driving) are excluded. For youthful offenders between the ages of 21 and 26, HYTA may still be available if the prosecutor consents. It takes an experienced and persuasive defense lawyer to persuade many prosecutors to allow a defendant to have this opportunity and get an HYTA dismissal of charges.

Is HYTA Dismissal of Charges a program?

No, HYTA is not a program. If a youthful criminal defendant in Michigan is granted HYTA status for a misdemeanor or felony, the judge will place that defendant on a term of probation under advisement. Probation can be as long as three (3) years. Most of the time, the probation terms include not picking up any more charges, drug or alcohol testing, community service, and rehabilitative programs such as AA or NA. If the defendant successfully completes probation under HYTA, they earn a dismissal of all charges and will have no public record of a conviction.

HYTA and Probation Violations

If a defendant faces an HYTA probation violation, the judge does not automatically revoke HYTA and enter a conviction. Every case is different, and whether the judge revokes HYTA for a probation violation is within the sentencing judge’s discretion. In these circumstances, having a top HYTA defense attorney may save HYTA for a violating defendant. If the attorney persuades the sentencing judge to maintain their client’s HYTA status, the defendant will still have the ability to earn a dismissal of charges.

Is HYTA easy to get if a defendant qualifies?

Many judges are reluctant to give a defendant HYTA status so the defendant can get a dismissal of their charges. Even though HYTA is available for most misdemeanor and felony charges, judges are frequently hesitant to grant that status to those charged with felony crimes. Preventing a criminal conviction from appearing on a criminal history has to be a top priority of a defense lawyer. The attorney must do everything possible to ensure the judge agrees to HYTA. Because the consequences to a youthful person having to go forward in life saddled with a criminal history are so severe, only experienced criminal defense attorneys should handle these matters. Hiring a retained attorney is expensive; getting a second chance at a crime-free life is priceless.

What if HYTA probation is successfully completed?

Once a defendant completes their HYTA probation, the judge orders the dismissal of all charges. Any public record of the case gets sealed. After probation discharge, there is no public record of conviction. No one will know from a search of public criminal history that there was a charge, plea, or sentence.

Can HYTA be granted more than once?

HYTA is usually a one-time thing; however, there is no limitation to the number of times a defendant can be granted HYTA and get a dismissal of charges; it is at the judge’s discretion. Most judges will be reluctant to give HYTA status more than one time. If a defendant is charged with a second or subsequent offense and requests HYTA, their criminal defense lawyer better be prepared to present a compelling reason.

Who can help get HYTA for a defendant?

The Michigan Criminal Defense Attorneys with LEWIS & DICKSTEIN, P.L.L.C. are passionate about helping youthful offenders get a second chance at living conviction-free lives. We have dedicated countless hours to developing strategies and methods for maximizing a youthful client’s chances of receiving HYTA status and earning a dismissal of charges. We will do whatever is necessary to get a client’s plea taken under advisement and get the case dismissed. We are not afraid to win!Save

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.