Michigan’s Holmes Youthful Trainee Act (HYTA) is a very strict law. If you want to get accepted for the status, you have to comply with requirements. This article aims to answer the common questions that people may have about the HYTA.
What happens to my records after the grant of HYTA?
After being granted an HYTA status, keep in mind that your record is sealed and the case may be dismissed by the judge upon your compliance with the conditions set. The main benefit of the status is that you have your case dismissed and even if you are indeed admitting guilt to the problem at hand you will not be held liable for it.
We repeat that your records will be kept safe and sealed from the public.
What will the court say when someone inquires as to my records?
When an individual inquires about your record the court employees are instructed to say that there is no public record of the situation and that the records and existence of such cannot be described nor disclosed.
Does this mean that any person who inquires about my records will be shut down?
No, the grant of HYTA does not mean that any person who asks will be denied access. The grant of the HYTA is limited and does not mean that your records can never be accessed again.
There are certain entities relating to the courts and law enforcement that are allowed to access even your HYTA records. The records that would otherwise be considered as non-public and not for public disclosure may be disclosed in case there is a legal authority on the part of the requesting party to do so,
In addition, some educational institutions, financial institutions, utility companies, and even health care companies are entitled to get the benefits of getting the HYTA records.
Can I now avail of HYTA and use other laws that apply to me?
Yes, you may decide not to avail of HYTA and only use the laws that would apply to you and your case. This would include the following:
- MCL 769.4a is used to get domestic violence offenses dismissed.
- MCL 333.7411 is used to get drug crimes dismissed.
- MCL 780.621 is Michigan’s “Clean Slate” or expungement law.
Can there be an HYTA proceeding without the offender attending a hearing?
It is a basic right of every person to face all of the charges against him. Individuals should know that they would always need to appear in court and fight for their rights even if they already have a lawyer who will represent them and their rights.
Of course, you need to attend because you would need to show admit and plead guilty to the crime that is being attributed to you. It is only in this situation that the proceedings for HYTA can proceed.
Can I apply for HYTA for my child?
If you are the parent of an individual who is in conflict with the law and who you think will benefit from the act you need to still get their consent and make sure that the lawyer representing your child is fully aware of the steps that you want to take to protect your child.
In most of the engagements that we have handled, parents are often conflicted as to whether or not they would allow their child to handle their case or they should handle it as the parent of their child. We believe that it is important for you to always have a proper decision on how you deal with your kids.
When you have a lawyer for you you would know that you have someone who will fight for your rights and who would be able to protect you from anything that could cause harm to you and your child.
When you hire Haque Legal, our engagement is not just limited by the law, we consider you as our family and as part of your family, we would fight for your rights.
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.