Legal Question in Criminal Law in Michigan

Re: shoplifting

If all is as you say, then you may be eligible for the Holmes Youthful Trainee Act (HYTA) which will allow any conviction to be expunged from your record and no jail time.

Re: shoplifting

Jail is highly unlikely.

You might be eligible for your case being handled under the Holmes Youthful Trainee Act. (For details about HYTA, go to http://www.eatoncounty.org/prosecutor/define.htm#HYTA .) But, HYTA is a discretionary thing for a judge to impose. Some judges use it frequently, some do not. If you get it, you can walk away (after a successful probation period) with no criminal conviction. You do not need a lawyer to get this, but "knowing your judge" is an important thing, and a local attorney who practices in front of your judge may be able to help guide you around any land mines. One issue may be whether the judge will decide on your HYTA eligibility before you plead, or after.

If you can't get HYTA status, then you have to decide whether to just plead guilty and accept the sentence (and a conviction will remain on your record), or contest it in a trial. For either choice, you should consult with a criminal defense attorney (either one you hire, or a court-appointed attorney). Get a copy of your police report ahead of time from the prosecutor's office so the attorney can better understand the full case facts ... not just what you remember them to be.

You do not have to plead guilty at the arraignment. It's better to plead not guilty and talk to an attorney than to rashly plead guilty.

If you plead not guilty, the judge will probably schedule a pre-trial conference date a few weeks adown the road. This is a scheduled meeting between the prosecutor and defense to see if the case can be resolved. Maybe the prosecutor will support HYTA. Maybe the prosecutor will offer a plea agreement if HYTA is not imposed. Either way, you get a bite at the apple to get a deal, and you can still plead guilty or go to trial if no deals are offered.

Good luck.

Re: shoplifting

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