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Practice Areas
Criminal Defense / HYTA

HYTA is an acronym for the Holmes Youthful Trainee Act. The jist of this Act is that it allows youthful criminals to maintain a clean record so long as they do not repeat their mischief. Often, courts will sentence a youthful criminal to probation and while keeping the youth eligible for HYTA status.

When a court will grant HYTA status is difficult to pre-determine. However, the Act is in place to help certain youthful criminal suspects to learn a lesson without having a permanent scar on their records. Essentially, HYTA erases the conviction from the record if certain conditions are met.

Below is the language taken directly from the Michigan Compiled Laws regarding HYTA. The statute will be difficult to understand and has complicated nuances, so a lawyer should be consulted before attempting in any way to rely on this statute.

762.11. Criminal offense by individual between ages 17 and 20; assignment to status of youthful trainee; exceptions; definitions.

Sec. 11. (1) Except as provided in subsections (2) and (3), if an individual pleads guilty to a criminal offense, committed on or after the individual's seventeenth birthday but before his or her twenty-first birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee.
(2) Subsection (1) does not apply to any of the following:
(a) A felony for which the maximum penalty is imprisonment for life.
(b) A major controlled substance offense.
(c) A traffic offense.
(d) A violation, attempted violation, or conspiracy to violate section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(e) A violation, attempted violation, or conspiracy to violate section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g, with the intent to commit a violation of section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(3) The court shall not assign an individual to the status of youthful trainee if any of the following apply:
(a) The individual was previously convicted of or adjudicated for a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732.
(b) If the individual is charged with a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732, the individual fails to carry the burden of proving by clear and convincing evidence that he or she is not likely to engage in further listed offenses.
(c) The court determines that the offense involved any of the following:
i) A factor set forth in section 520b(1)(a) to (h) of the Michigan penal code, 1931 PA 328, MCL 750.520b.
(ii) A factor set forth in section 520c(1)(a) to (l) of the Michigan penal code, 1931 PA 328, MCL 750.520c.
(iii) A factor set forth in section 520d(1)(b) to (e) of the Michigan penal code, 1931 PA 328, MCL 750.520d.
(iv) A factor set forth in section 520e(1)(b) to (f) of the Michigan penal code, 1931 PA 328, MCL 750.520e.
(4) As used in this section:
(a) "Listed offense" means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) "Traffic offense" means a violation of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and, at the time of the violation, is a felony or a misdemeanor. MCLS 762.11