By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022
Michigan’s HYTA law is designed to provide individuals who commit offenses an opportunity to keep a conviction off of their criminal history. HYTA helps protect their futures by allowing them to avoid a conviction. In addition, it allows young people to be eligible for special educational and employment opportunities that may not be available otherwise because of a conviction.
By avoiding a conviction, those who are eligible under this law can still live productive lives without the difficult consequences that often follow from a criminal record. Overall, Michigan’s HYTA law offers many benefits for young people who have made mistakes and provides them with the opportunity to overcome these mistakes, build better futures for themselves, and contribute more effectively as members of society.
What is the Holmes Youthful Trainee Act, also known as HYTA?
Michigan’s HYTA law, MCL 762.11, is a Michigan statute that allows youthful offenders to avoid a conviction on their criminal history for crimes they committed. After Michigan’s Holmes Youthful Trainee Act (also known as Michigan’s HYTA Law) is invoked, it gives judges discretion over what punishment the Michigan youth may receive – typically probation, fines and costs, restitution and/or community service.
In general, however, it is more likely for a Michigan judge to sentence an eligible offender who invokes the Michigan HYTA law to a term of probation rather than incarceration. Judges may also order defendants to community service and alcohol or drug abuse programs. Michigan law requires that the judge impose certain conditions of probation intended to provide for rehabilitation.
Essentially, Michigan’s HYTA law keeps the conviction from appearing on a person’s criminal history. The conviction cannot be seen during background checks. In fact, the case is removed from the court’s public docket entries. Successfully completing a HYTA term of probation that a person can truthfully answer that they have never been convicted of a crime.
Note that HYTA is a non-public record. This means that law enforcement agencies and the military can still see the HYTA case. The Michigan State Police, the courts, and the police all keep records of the case. However, the record is not public. A non-public record of the proceedings will still be kept and will be accessible to law enforcement and the courts to see if the individual has ever had HYTA in the past.
Upon being granted HYTA status, the youthful offender gets special sentencing consideration. This consideration results in avoiding a criminal conviction because the charges will ultimately be dismissed and the record will be sealed.
HYTA is available in all of Michigan’s district and circuit courts. Most, but not all, felonies and misdemeanors are eligible for HYTA consideration. Before granting HYTA status, the sentencing judge will usually have reasonable grounds to believe that the individual can live without committing further crimes.
Again, if granted HYTA designation, Michigan records about the conviction will be kept confidential and eventually expunged provided there is no other criminal activity during the probationary period. Michigan’s Holmes Youthful Trainee (HYTA) Law allows the individual to be treated as if they are not a convicted felon. The individual must successfully complete his/her probation requirements to receive the benefit of Michigan’s HYTA law.
Since HYTA status creates an enormous benefit, the offender must complete the HYTA program successfully without committing any new crimes. We cannot stress this enough. If completed successfully the court will erase the conviction, and dismiss the charges. The entire record of the case will be sealed and will stay out of the public record.
Who qualifies for consideration under Michigan’s HYTA law?
Note: As of October 1, 2021, Michigan’s HYTA law has been extended to include the ages of 17 and before age 26.
HYTA status can only be granted to defendants who plead guilty and accept responsibility for eligible crimes. A person cannot be convicted after a trial and request HYTA.
Michigan’s HYTA describes who is eligible for HYTA status. Section 11 of the HYTA statute states:
Sec. 11. (1) Until October 1, 2021, and except as provided in subsections (3) and (4), 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 must not be assigned to youthful trainee status without the consent of the prosecuting attorney. (2) Beginning October 1, 2021, except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual’s eighteenth birthday but before his or her twenty-sixth 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-sixth birthday, the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney. If a defendant is charged with an offense listed under subsection (3) and the defendant pleads guilty to any other offense or will be eligible for the status of youthful trainee under subsection (4), the prosecutor shall consult with the victim regarding the applicability of this section. (3) Subsections (1) and (2) do 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.
In short, if a person is under 21 years old, a judge has the discretion and does not need the prosecutor’s consent to grant HYTA. From the ages of 21 to 26, the prosecutor must agree with the HYTA status. Lastly, a person can receive HYTA status more than once. However, the more times a person gets into trouble the less likely it is that the court or prosecutor will agree to provide special status under Michigan’s HYTA law. Someone is still eligible for HYTA even if they have prior convictions, again prior HYTA convictions, possession cases taken under 7411 , domestic violence offenses under 769.4a, or any other diversion sentence. Take notice that the court will always consider a person’s prior criminal history when considering whether to grant HYTA status to a defendant.
Some criminal sexual conduct offenses can receive HYTA status
Receiving HYTA status for certain criminal sexual conduct offenses will have enormous benefits for a person charged with these crimes. If HYTA is granted, a person will not have to register for Michigan’s Sex Offender Registration Act (SORA). A HYTA sentence for criminal sexual conduct offenses provides tremendous benefit as it keeps a person off of the sex offender list.
The following criminal sexual conduct offenses are not eligible for HYTA status:
- First-degree criminal sexual conduct
- Second-degree criminal sexual conduct
- A criminal sexual assault committed by force
- A criminal sexual assault where the defendant was aware that the victim was mentally incapable of consent, mentally incapacitated, or physically helpless
- Any criminal sexual conduct offense where the victim was 13 years old and younger
Requesting HYTA for a criminal sexual conduct offense is difficult. The process for requesting HYTA status for a criminal sexual conduct offense requires a showing by “clear and convincing” evidence that the individual is not a predator and not likely commit any future criminal sexual conduct offenses. further listed SORA offenses. This requires having the person undergo an evaluation with a therapist who specializes in criminal sexual behavior.
At CZARNECKI & TAYLOR PLLC we have successfully obtained HYTA status for clients charged with criminal sexual conduct offenses. Our office showed “clearly and convincingly” that our client was not a risk and not likely to repeat any criminal sexual conduct offenses. Our office had our clients obtain psychological profiles from certified sex offender counselors. Based on our many years of experience, the evaluation is the minimum requirement necessary to obtain HYTA status for criminal sexual conduct offenses.
What crimes are not eligible for status under Michigan’s HYTA law?
As discussed earlier, HYTA is available for most misdemeanors and felonies. However, some crimes do not qualify for protection under Michigan’s HYTA law. The following crimes are not eligible for HYTA status:
- Drinking and driving offenses
- Mostly all criminal sexual conduct offenses
- Traffic offenses
- Offenses that are punishible by life (20 year maximum sentence)
- Major controlled substance offense (does not include possession offenses)
If you are charged with an offense that is not HYTA eligible, you should consult with an experienced attorney. Many times our office has been able to negotiate a plea deal that reduces the original charge to an offense that is HYTA eligible.
Although traffic offenses are not HYTA eligible, our office has been able to save points from our clients’ records by negotiating deals that had the traffic offense reduced. A skilled lawyer will know how to negotiate for the best outcome.
How to get the court and prosecutor agree to HYTA status.
Having an experienced and well-known criminal defense lawyer can mean the difference between getting HYTA status or a conviction. While the court does not need the prosecutor’s consent in cases where the person is under 21 years of age, it still helps if the prosecutor agrees. If the prosecutor does not agree to HYTA status then your attorney must be able to convince the judge to grant HYTA anyway. Your attorney’s professionalism and relationship with the court and prosecutors will go a long way in obtaining protection under Michigan’s HYTA law.
Your attorney must be able to present you in a way that shows you are deserving of protection under Michigan’s HYTA law. As the statute cited above indicates, the prosecutor, judge, and victim are all informed of a person’s request for HYTA. Your defense attorney must be able to make a convincing argument to these people that HYTA is a good idea in your case. Again, while not required under the age of 21, the prosecutor’s consent will help convince the court that you deserve HYTA status.
Receiving HYTA status under Michigan’s HYTA law is not automatic and not guaranteed. The court can refuse to grant HYTA if it so chooses. That is why it is necessary to hire an attorney that knows the courts and whom the courts know. Your attorney must have good relationships with the courts, prosecutors, police, and city attorneys. A well-experienced attorney that is knowledgeable and experienced will put you in the best position possible to keep a felony or misdemeanor off of your criminal record under Michigan’s HYTA law.
Both the Michigan Supreme Court and the Court of Appeals have held that HYTA status should be “liberally granted.” But, as explained earlier, there is no guarantee of HYTA status. The attorney must show that the client is a good candidate for HYTA status.
Typically, our office, for example, will request that our client get letters from people in the community to explain that the case is isolated and the individual is indeed worth a second chance. Often, courts appreciate when parents appear in court with the person as this shows that the person has good family support. We have also had clients sign up for counseling programs, substance abuse treatment programs, pay restitution, perform community service, write letters of apology to victims well in advance of sentencing to show that he or she has remorse for the offense. Our job is to put you in the best position possible to receive protection under Michigan’s HYTA law.
Can you lose HYTA status?
Yes. A court can revoke HYTA status for a probation violation or a person’s failure to abide by the court’s sentencing conditions. HYTA status can only be extended for a period of three years. So, it is important to do everything the court requires before that time expires. A HYTA case remains temporary until the probation is completed successfully.
Courts will always require a person to complete certain tasks while on HYTA probation. Any violation of a condition of probation imposed by the court may result in a loss of HYTA status. This means that the court will place the conviction on a person’s record. Essentially, the individual will be sentenced as if they did not receive the benefit of HYTA. A probation violation can result in jail time or even prison.
If you are facing a probation violation it is critical that you contact an attorney immediately. Your attorney will be able to devise a plan that can help you avoid the loss of your HYTA status. Most judges do not like to revoke HYTA status. But, even the most patient judges will run out of patience and revoke HYTA.
Contact Czarnecki & Taylor
Michigan’s Holmes Youthful Trainee Act (HYTA) allows some defendants to seal their criminal record after they complete probation. There are many benefits to this type of program that allow people who commit offenses to move on with their lives in an easier and more positive way than they would if they had a conviction on their record.
If you have been charged with a crime and think that you may qualify for HYTA status, it is important that you work with a lawyer who has experience with these cases in order to ensure that you get the best possible outcome.
At Czarnecki & Taylor, we have a proven track record of success handling HYTA cases and helping our clients move on from their past mistakes. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. If you need help navigating the complexities of the legal system throughout this difficult time, we are here for you. Contact us today to learn more about our services and how we can help you.
Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.