The main goal of the HYTA Status, if you ask us, is the fact that it rehabilitates offenders. It gives them a second chance. It gives them a chance to make good with their lives.
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 offenses 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.
In the third part of this article, we have discussed that you have to look at the specific penalties not as penalties but as a second chance. Whether you have been given jail time or provision to these are considered by the judge as important in your rehabilitation. What does rehabilitation mean in HYTA status?
As we have repeated time and again the purpose of the laws that aim to provide youthful offenders a second chance is to give them a second chance. In some cases, some individuals need more than that and are required to be given counseling or mandatory therapy to discuss the issues that are related to the crime and why the offense happened in the first place.
The law in Michigan is very specific in giving people a lot of changes in terms of keeping the freedom that they enjoy. This means that you may get counseling or mandatory therapy as part of your penalty.
You should remember that you should not consider counseling or mandatory therapy as a penalty. There are a lot of things that could happen in your life and the most important thing that you should remember is the fact that some of it needs to be analyzed and properly assessed for you to move forward.
If you have been exposed to trauma or to a mental health issue you need to dive into the situation properly. The court will require you to look at the reason why you did what you did and it would be assessed by the therapist or the counselor if you have been rehabilitated and you are ready to join the society.
In our previous discussion about probation, we have discussed that the main goal is to protect the public and to make sure that the offender is given that second chance to say what he needs to say and prove his worth as a member of society. Counseling does exactly this goal.
When you are required by the judge to enter into counseling you are expected to go through all of the weeks and hours of processing mentally and emotionally. The offender would have to look into and dive into his feelings and emotions for him to see the reason behind his decision. Why did he commit the offense? What is the reason behind the commission of the offense? When the judge requires that you go through counseling he requires it to see if there is a chance that you will repeat the offense or how they can help in terms of stopping the offense from happening again.
One of the more common aspects that people relate to the application for HYTA is the question of what will happen to the victims?
There is no such thing as a victimless crime whether we admit it or not, people would often ask what people can do in terms of the restitution that they need to go do. With that, people need to know that there is such a thing as restitution even if the judge would decide to approve the HYTA application of the offender.
The judge, in his discretion, would grant the HYTA. However, the HYTA approval must take into consideration the victims of the crime. This is where restitution comes in.
As we have stated in a previous article, a judge is required to make sure that he would protect the rights of all of the people involved in the case. This would include the rights of the victim, the rights of the charging police agency as well as the rights of the individuals who are involved in the prosecution of the crime.
Restitution could begin through an offender coming from the offender. This would include the fact that the offender would ask the victim through the lawyers to give a positive opinion for the HYTA. While it does not guarantee a positive result, every bit of help is needed.
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.
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