Are there special facts about the HYTA status in Michigan that you should know about? Let us discuss.
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.
Special Facts About HYTA
The HYTA law in Michigan is special. It has the following features:
No limit on the number of cases
The HYTA law in Michigan places no limits on the number of cases. There are no limitations on the number of cases of a single offender that may be placed on this program. However, based on our experience, it becomes harder and harder to get the same position if you do not have the right lawyer who will continuously impute that your records must always be sealed and should not be used against you.
In the hundreds of cases that we have handled, we have seen that some of the mistakes done by the previous lawyers are the failure to look at the proper application of the HYTA law about their clients. Hence although there is no limit on the number of cases that may be entered under the disposition or the status we recommend that if it is your second or your third you should already get a lawyer who knows how to handle these kinds of cases.
Juvenile Offenders are not eligible for HYTA
Another unique aspect of this status is the fact that it has very specific limitations as to the age of the offender. As we have repeated in the previous part of this article series, the ages of 18 to 26 are the controlling ages that are entitled and eligible for HYTA.
Keep in mind that there is a different kind of protection that is given by the law for juvenile offenders in the state of Michigan and one doesn’t need to push for the application of a disposition in the juvenile system as long as he follows the qualifications for HYTA and vice versa.
HYTA is not guaranteed
We always reiterate that getting this kind of status is not guaranteed in any way. We have discussed in the previous parts of this article series that this status or disposition is not a requirement or mandatory on the part of the judge to approve.
HYTA is not guaranteed, even if supported by all of the parties involved
In the first part of this article, we have stated that the HYTA application will be consulted to the victim, the police agency charging the offender, and the prosecutor. This means that they can give their opinion to the judge and tell the judge about whether or not the application should be approved.
However, despite a positive reaction coming from all of the parties involved it is still the decision of a judge to approve the application. Even if all of the parties already said that it is proper to approve the status and give the offender a second chance in life there is no controlling doctrine that says that the judge should approve of it.
What happens if the judge rejects my application?
If the judge rejects an application and despite overwhelming positive approval coming from the parties, you may still consider plea bargaining. However, this is a very tricky part of handling an HYTA application. Why? You need to find a good lawyer who will tell you about the things that you need to do and why you need to do those things. The process is tricky and complicated, you should let your lawyer handle it.
Is it costly to get a lawyer?
Yes, it may cost you some money to get a lawyer. However, you need to keep in mind that your lawyer will be fighting for your life, liberty, and yes, even your property which are your very basic human 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.