Legal Question in Criminal Law in Michigan

Holmes Youthful Trainee Act

A 17y.o. boy convinces a 14y.o. boy (my space friend) to send him self- took nude photos of himself. He down loads these photos so parents won't see them. He is caught. He accepts a plea of 2 counts of possesion of child pornography. He is sentenced as an adult to 1 yr. in jail, 5 yr probation and 25 yrs of sex registration. He asked his lawyer if he could be considered for HYTA,before his sentenceing, was told he probably wouldn''t qualify. It was never brought up to the judge. He now has served half his time, and was just denied community corrections. He has NO previous record at all. Why was he not a candidate or could he still be considered. This is a good kid who made an immature mistake who at this point feels he has ruined his future. What can we do. Thanks


Asked on 2/06/09, 7:44 am

3 Answers from Attorneys

Re: Holmes Youthful Trainee Act

It is not probable that this mistake could be fixed. A more experienced, aggressive attorney might well have gotten a MUCH better result for the boy.

For more information, go to:

www.SexCrimeAttorneys.com

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Answered on 2/06/09, 7:58 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Holmes Youthful Trainee Act

First, this "17 yr old boy" WAS an adult in the eyes of the law because crimes committed by anyone 17 or older are "adult" cases. He was not a juvenile delinquent who was being treated as an adult. He WAS an adult.

Second, HYTA is a discretionary status, not a guarantee. The defendant's attorney may well have known that judge's history and tendencies and knew that HYTA was not going to fly. Could the attorney have petitioned for it knowing that it was probably a waste of time? Yes. But the mere fact that it was not even petitioned for may not be improper.

Third, it is too late to get HYTA. That had to be petitioned for before the judge pronounced the defendant's sentence.

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Answered on 2/06/09, 8:50 am
William Morrison Action Defense Center

Re: Holmes Youthful Trainee Act

I would have petitioned the court for HYTA. I've had it granted in rape cases.

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Answered on 2/06/09, 8:30 pm


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