How do you get the HYTA Status?
As we have stated in the first part of this series, one gets HYTA Status by pleading in court that they want to apply to get HYTA Status. However, it is not guaranteed. It may be accepted or rejected depending on the discretion of the judge and some other factors.
Here, the lawyer that you get plays a pivotal role in negotiating a favorable disposition with the prosecutor and the court. This is why it is important to hire Haque Legal on your side when you are considering a plea for HYTA status.
Does the HYTA Status mean that I am free?
Yes and No.
Yes, getting the HYTA status means that you can go free. Your bond may be forfeited in favor of the State of Michigan but you are at least free and would not be serving upfront jail time.
No, getting the HYTA status does not necessarily mean that you are free. When your offer to get an HYTA status is approved, the court still has the discretion to require specific terms and conditions. You may be facing the following:
- Probation;
- Random Alcohol Testing;
- Random Drug Testing;
- Mandatory Counselling; and
- Restitution Payments.
A judge, in the most extreme cases, may also require you to serve jail time to fully teach you the lesson that you are supposed to learn.
What, then, do I ultimately want to achieve with the HYTA status?
You want to achieve the status of freeing your records from any criminal conviction. When you are granted the HYTA status, your criminal conviction records will be sealed. The case will be deemed dismissed after a set period that is established by the court. This way, you can protect your future by sealing your records.
Does this mean that my record is completely clean?
No, while your records are sealed and may not be accessed by the public, you should still know that the court will still keep your record.
The record protection will only apply only to the public. However, your record will be maintained by the court, the FBI, as well as the Michigan State Police Department. It may also still be given to entities that would be allowed by the court to access your records.
Does HYTA cover all felonies and misdemeanors?
No, while the HYTA can be applied to most of the felonies and misdemeanors that you would commit in the State of Michigan it does not cover the following:
- Driving Under the Influence or Operating Under Influence;
- A traffic offense; and
- An offense that carries a life sentence.
Quick Facts About HYTA:
You are allowed to seek HYTA more than once.
As long as you have all of the qualifications and none of the disqualifications you can always apply for the status of HYTA. However, there is no guarantee that the second offense or violation will be granted the same status if you have been granted it the first time. The process becomes more rigorous and you need to get a lawyer who can handle your situation.
Keep in mind that the grant of this status is not mandatory and it is only discretionary on the part of the judge. It becomes harder and harder to get it the more that you commit offenses and the more that you try to apply to it.
HYTA is not offered to juvenile offenders
The status is not offered to juvenile offenders and if you are one you may only be eligible for something like the status that has the same impact. Keep in mind that other laws are protecting juvenile offenders whose age does not fall under the age requirements of this status. Even if you are not entitled to this specific status, you may be entitled to others.
This one is the primary reason why you need a good lawyer to help you in the case.
You can still go to jail, even with the HYTA status.
The judge has the discretion to still send you to jail even if he granted this status application. As we have stated above the judge would have the discretion to try and teach the offender the lesson that he needs to learn for him not to repeat the same mistakes and that would include putting him to jail if necessary.
There are other facts about HYTA that will be discussed in the next part of this series.
Let Haque Legal Help You With Your HYTA Application
Now that you know some facts about dealing with HYTA, you must begin the process. Keep in mind that for HYTA applications, time is of the essence and you need to prove the existence of certain factors and specific terms that would apply in your case. While our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used, we also aim on helping out people with their needs for a second chance. We can help you with your HYTA needs.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.