One of the common mistakes that people think about the HYTA status in Michigan is the fact that once it is given, you are free to go. This is farther from the truth.
In this article, let us talk about the consequences that you are facing with the HYTA status.
Does the HYTA status mean that I am free to go?
Getting approval for the status does not necessarily mean that you are free to go. As we have stated in the previous part of this article the status is considered as discretionary on the part of the judge and therefore even if he approves of it you must know that it does not necessarily mean that you are already free.
The most important benefit of the status is making sure that your records are sealed from the public. You will not be required at all to state and disclose your conviction or your plea of guilty on the specific case as long as you have this status.
Unfortunately, it is a common mistake for people to think that once approved the individual is already free. Keep in mind that when you try to enter into this status or disposition you are necessarily saying and admitting that you are guilty of the crime involved and that still comes with specific penalties.
In the case of an HYTA disposition, you should expect to get the following penalties.
Mandatory Jail Time
Mandatory jail time is a decision coming from the judge that you still have to go to jail and at least pay a portion of what you should have been paying to society. The mandatory jail time is also a discretionary part of the decision of the judge but it applies to the specific provisions of law that are involved in your case.
For example, if your case ordinarily requires that you go to jail for at least six years, the judge may decide that you only need to go to jail for 90 days or less. While there is no hard and fast rule as to the number of years or months or days that you should pay for the penalty imposed by the judge you should still expect that you will and maybe do some jail time.
This is where your lawyer is required to do everything in his power to make sure that you will be given the right decision. Keep in mind that even if it is discretionary on the part of the judge to still penalize you and to still require you to do what you can in terms of the requirements, having a good lawyer should be able to get you the right kind of protection
Here at Haque Legal, we cannot guarantee anything relating to the discretion of the judge. But, we can guarantee that you can get the best experience in terms of how we will fight to make sure that you get as much of your freedom back as possible.
We know how hard it is to have to fight for your freedom but you also need to keep in mind that if you are indeed guilty of the crime it would be a little bit more complicated to get you off of the charges. This is one of the things that we explain to you properly during the consultation that you get with us.
In the decision of the judge, it may also be a requirement for you to be placed on probation. Being placed on probation is not necessarily a bad thing especially if you will already get the freedom that you are entitled to. We will be discussing this specific part of your sentencing in another article. But, what does probation mean?
According to the Michigan government website, probation is a primary form of supervision. The mission of probation is clear, to wit:
“The fundamental mission of probation supervision is public protection. We achieve public protection by assisting the offender to become a productive member of the community.”
This means that even if a provision is considered as a penalty by some it is a lifeline that has been given by the state to offenders. It is not necessary to look at the provision as a penalty but you should look at it as a lifeline extended to you by the state.
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.