Kalamazoo Attorneys, Battle Creek Attorneys, and East Lansing Attorneys that practice Criminal Defense should be aware of changes to the Holmes Youthful Trainee Act.

The Holmes Youthful Trainee Act, MCL 762.11, formerly allowed an individual convicted of a crime they committed before there 21st Birthday to avoid a conviction by pleading into a diversionary probation. If the H.Y.T.A. probationer successfully completes probation, they’ll end up conviction free. The caveat to that was the conviction was available to certain government entities for limited purposes such as determining whether an individual had previously been sentenced under the statute and for employment purposes for law enforcement offices.
On August 18, the amendment to the Holmes Youthful Trainee Act will go into effect. The amendments will now allow an individual that committed the crime before their twenty-fourth birthday to be sentenced under this diversionary probation. There are some other modifications and you should familiarize yourself with the amendments. Criminal Defense Attorneys in Ingham and Calhoun Counties can help you to understand those modifications.
For individuals twenty-one to twenty-four years of age, the prosecuting attorney will have to consent to placing the individual under the diversionary probation. Also, the list of offenses that are not allowed to be placed on Holmes Trainee Status as well as the offenses that can result in a revocation of that status have been modified.
Holmes Youthful Trainee Act or H.Y.T.A. is a common offer from prosecutors for first time offenders. While they do not have to consent, an agreement for Holmes Youthful Trainee Status from the prosecutor will often get the Judge to go along with it.
You’ll want to consult with an attorney regarding H.Y.T.A. eligibility and whether it’s a good idea. The collateral consequences of a criminal conviction, including its impact on occupational licenses, driver licenses, student loan eligibility, etc., are great. You’ll have to weigh those consequences and the direct consequences to determine whether a H.Y.T.A. plea would be a good option for you.
This posts references Michigan Law only. It is not intended as legal advice. Acting based on the limited information contained herein is dangerous.