Being granted the HYTA Status is a second chance in life.
As we have said in the first part of this series, we all make mistakes. As the law becomes fully aware of the circumstances of the youth while growing up it becomes more and more lenient when it comes to forgiving the offences and the youthful mistakes of individuals. Michigan’s Holmes Youthful Trainee Act (HYTA) is the perfect example of how mistakes can be forgiven, forgotten, and set aside.
With that, let us continue to look at what Michigan’s Holmes Youthful Trainee Act (HYTA) means today as well as how you can get an HYTA disposition and all other helpful information.
How do I get an HYTA disposition?
To get an HYTA disposition, you need to apply to it. It requires that you comply with the following:
You are between the ages of 18 and 26.
Age is a very important factor in the approval of your HYTA application. Your age will determine if you are eligible. Keep in mind that the reason why this act is available is that it aims to provide a second chance to youthful offenders and make sure that they still have their lives ahead of them.
If you are between these ages and you have none of the disqualifications, it will help you out a lot if you ask your lawyer for your qualification in this aspect.
You enter a plea of guilt.
In the HYTA disposition, you must enter a plea of guilt. This is a controlling element for you to be given the disposition that you have been asking for. The court does not enter a judgment of conviction even if it enters a plea of guilt but you can at least be sure that the court will be able to provide you with the right kind of support based on the HYTA benefits.
Who is involved in an HYTA disposition?
There are a lot of people who are involved in a HYTA disposition. Several parties are involved in the disposition including the judge who is assigned to the case, the defense attorney, the defendant, as well as the prosecutor. However, they are not the only ones whose opinion is important in terms of the HYTA disposition.
The victim will also be asked for input on the application for HYTA. Keep in mind that under the law, the prosecutor is required to consult with the victim about the applicability of the HYTA section to the case at hand.
The police agency that charged the defendant must also be put in its place and asked for an opinion.
Here at Haque Legal, we know how big of a factor it is to have to consult the victim and the charging police agency in terms of how it will affect the case of our client. With that, our experience guarantees that we will handle the case with the highest level of discretion.
When is the consent of the prosecutor required?
The consent of the prosecutor may be required depending on the age of the defendant at the time of the offense. Let us look at the controlling periods:
- The prosecutor’s consent is not required for offenses committed on or after the offender’s 18th birthday but before the 21st birthday.
- The prosecutor’s consent is necessary and is required by law for offenses that are committed on or after the offender’s 21st birthday but before the final age under the HYTA which is 26.
Keep in mind that the prosecutor plays an important part in the disposition and result of the HYTA. You should expect that he will be consulted by the judge either way.
As long as I qualify, will I get an HYTA disposition?
As long as you have all of the qualifications, your case will be heard and determined if you are entitled to an HYTA disposition. On the other hand, you may not be entitled to an HYTA disposition despite having all of the qualifications so your case may still be rejected by the court.
This is where the importance of having an experienced legal hand is important. Your lawyer should be able to handle and manage the needs and requests of the clients by making sure that every single aspect of his battle is fought. This is exactly what we do here at Haque Legal.
Do I need a lawyer to handle my HYTA case?
Yes, you need to have a lawyer who can handle your case especially in terms of the legal geography and the strategy that you need to play for you to get a favorable HYTA decision from the court.
Keep in mind that granting you this status is not mandatory on the part of the court but it is discretionary. There are still requirements and terms that you should comply with for you to get the protection that is provided for by the HYTA status.
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.
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.