Legal Question in Criminal Law in Michigan

Re: Holmes Youthful Training Act

The crime must be committed before the defendant's 21st birthday. He may be charged or convicted several years later and still get HYTA.

Plea bargains can also be made to adjust the date of the crime.

Re: Holmes Youthful Training Act

I disagree in part with the first reply.

First, "HTA" is a discretionary "grace sentence" imposed by a judge which allows for the charge to be dismissed if the person complies with all conditions of the probation. It applies ONLY to non-traffic and non-major controlled substance and non-capital charges committed by a person after he/she turns 17 and before he/she turns 21. The sentence can occur after he/she turns 21, but the crime had to have occurred during that 4 year period of time.

I have NEVER heard of a case being "plea bargained" where the offense date is adjusted to let the person become eligible for YTA. So, if this person received YTA status for an offense committed after he turned 21, someone monkeyed with the law. Check with the court file to see what was requested by the defendant and done by the judge. If you're still curious, talk to the prosecuting attorney's office about the case.

If someone was 40 years old when the offense happened, they are NOT eligible for YTA. Period. It'd be an injustice to other over-40 defendants if this guy got a deal because of his job (being a corrections officer).

Here's another possibility, too. There is a statute that's similar to YTA, which applies to drug possession or use charges. It's found at MCL 333.7411. We call it "7411". It works a lot like YTA, but there are no age limits.

Also, if the person has NO PRIOR OR SUBSEQUENT misdemeanor or felony convictions, he may be able to get the conviction "expunged" (aka, application to set aside conviction). Read all about the process at http://michiganlegislature.org/law/GetObject.asp?objName=Act-213-of-1965.

Expungment is discretionary with the judge. But, but definition, it's available once ... and only if the charge being expunged is the ONLY conviction on the person's record.