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Michigan HYTA Lawyer
If you were between 18 and 25 when the alleged offense happened, Michigan’s Holmes Youthful Trainee Act (HYTA) may let you resolve a criminal charge without a conviction on your record. Attorney Christopher Brown, a former Detroit police officer and Michigan criminal defense lawyer since 2008, uses HYTA for young clients in courts throughout Oakland, Macomb, and Wayne counties.
HYTA is one tool in the toolbox, not our first step. Before we discuss any plea, we examine the stop, the search, the evidence, and every path to a dismissal or an acquittal. When HYTA is the right fit for your case, we build the case for it early.
Free consultation, available 24/7: (248) 468-1468.
What Is HYTA?
HYTA (MCL 762.11–762.15) allows a judge to defer a conviction for an eligible young adult who pleads guilty. Instead of a conviction, you are assigned to “youthful trainee” status, usually with probation. If you complete it successfully, the court dismisses the case. Under Michigan law, an assignment to youthful trainee status “is not a conviction for a crime.”
One of the biggest benefits: once HYTA status is granted, the court file is closed to public inspection. Employers, landlords, and schools running a public background check generally won’t see the case, which matters for job searches and applications while you complete your probation. (Law enforcement and certain agencies can still access it.)
Who Qualifies for HYTA in Michigan?
- Age at the time of the offense: on or after your 18th birthday and before your 26th birthday. Age is measured on the date of the offense, not the date of sentencing.
- Prosecutor consent if you were 21 or older: for offenses committed at 21 through 25, the judge cannot grant HYTA unless the prosecutor agrees.
- A guilty plea: HYTA requires a guilty plea. A no-contest plea, or a guilty verdict after trial, does not qualify.
- Your consent: you must agree to be placed on youthful trainee status.
- An eligible offense: the charge cannot be one the law excludes (see below).
- The judge’s approval: even when you meet every requirement, HYTA is discretionary. The judge decides.
Offenses That Are Not Eligible for HYTA
- Felonies punishable by life imprisonment
- Major controlled substance offenses
- Traffic offenses under the Michigan Vehicle Code, including drunk driving (OWI) and Vehicle Code fleeing and eluding
- Most criminal sexual conduct offenses, with narrow exceptions for certain age-based third- and fourth-degree cases (see our Sex Crimes page)
- Anyone previously convicted of an offense that required sex offender registration
Charged with an excluded offense? That isn’t always the end of the road. In some cases we can negotiate an amendment to an eligible charge. In one Westland case, a Vehicle Code fleeing charge was amended to the Penal Code version, which opened the door to HYTA on all five felonies. Learn more about fleeing and eluding charges.
What Happens on HYTA?
The length and type of supervision depend on the maximum penalty for the offense:
| Type of offense | What the court can order |
|---|---|
| Misdemeanor (punishable by 1 year or less) | Probation for up to 2 years |
| Felony (punishable by more than 1 year) | Probation for up to 3 years, county jail for up to 1 year, or other custodial options allowed by the statute |
Conditions often include reporting to a probation officer, drug and alcohol testing, counseling or treatment, school or work requirements, community service, fines and costs, and restitution. When you complete HYTA successfully, the case is dismissed and there is no conviction.
Can HYTA Be Revoked?
Yes. Until your final release, the judge has discretion to revoke HYTA status. That most often happens after a probation violation is proven or admitted. If HYTA is revoked, the court enters a conviction and sentences you on the original charge. Certain new offenses committed while on HYTA, including serious felonies, major drug offenses, and specified assault, weapons, and sexual conduct offenses, require revocation.
A violation does not automatically end HYTA. In our experience, judges have continued HYTA status for many clients after a violation when we gave the court good reasons to do so. Still, following every probation condition is the most important thing you can do. If you’re facing a violation, call right away. Read more about Michigan probation violations.
How We Fight for HYTA
- Misdemeanors: courts routinely grant HYTA in misdemeanor cases, especially for first-time clients.
- A second HYTA request: it is more challenging if you’ve had HYTA before, and when you’re 21 or older, prosecutors are often reluctant to consent when there are prior HYTA cases.
- Felonies: HYTA is harder to obtain in felony cases, especially when the sentencing guidelines suggest prison. But the guidelines are advisory, and the HYTA decision is the judge’s. Even that situation can be overcome.
- Start mitigation early: in a mitigation case, the key is getting started early with the right plan: substance abuse and mental health evaluations, counseling or treatment, proof of school or work, letters of support, and restitution paid up front.
- Know the judge and the prosecutor: Christopher Brown has appeared before every criminal court judge in Oakland, Macomb, and Wayne counties and knows what each court expects.
HYTA Case Results
Five Felonies Dismissed Through HYTA, No Prison — Westland
Our client was charged with five felonies, including two counts of felonious assault, third-degree fleeing and eluding, and felony malicious destruction of property. The prosecution alleged that after an argument at her boyfriend’s home, she tried to strike her boyfriend and a house guest with her vehicle, rammed both of their cars, and then led police on a pursuit. She had no prior criminal record. Because a Vehicle Code offense can’t receive HYTA, we negotiated for months to amend the fleeing charge to the Penal Code version. As a result, the prosecutor agreed to Holmes Youthful Trainee Act (HYTA) status on all five felonies. The sentencing guidelines called for prison, but our client’s efforts before sentencing and our allocution at sentencing persuaded the court not to impose a prison term. She completed probation, and all five felonies were dismissed.
18th District Court and Third Circuit Court — Westland, Wayne County
Cocaine Possession Dismissed Under HYTA After 7411 Was Already Used — Macomb County
Our 23-year-old client was charged with possession of less than 25 grams of cocaine. He had already used his one-time 7411 deferral on an earlier misdemeanor drug case, so that option wasn’t available. Because he was over 20, we had to convince both the prosecutor and the court to accept his case under the Holmes Youthful Trainee Act (HYTA). The key was what our client did right away: he sought treatment after his release and before his first court appearance. We also highlighted his steady work history and his enrollment in trade school. After twelve months of probation, the case was dismissed under HYTA.
16th Circuit Court — Macomb County
HYTA and Other Options
HYTA isn’t the only way to avoid a conviction. Depending on the charge and your record, other options may include:
- MCL 333.7411 deferral for certain drug possession charges (Drug Crimes)
- MCL 769.4a deferral for certain first-offense domestic violence cases (Domestic Violence)
- A delayed sentence under MCL 771.1
- For clients under 18, juvenile court options (Juvenile Defense)
We look at every option, and at every path to dismissal or acquittal, before recommending one.
HYTA Frequently Asked Questions
Will HYTA show up on my record?
Once HYTA status is granted, the court file is closed to public inspection, so it generally won’t appear on a public background check. When you complete HYTA, the case is dismissed and there is no conviction. Law enforcement and certain agencies can still see it.
I’m 23. Can I still get HYTA?
Yes, if the offense happened before your 26th birthday. Because you were over 21, the prosecutor must agree, which is why a strong mitigation plan matters.
Can I get HYTA more than once?
The law doesn’t automatically bar it, but a second HYTA is much harder. Prosecutors are often reluctant to consent when you’ve had HYTA before.
Can I get HYTA for drunk driving?
No. OWI and other Michigan Vehicle Code traffic offenses are excluded from HYTA.
Do I have to plead guilty?
Yes. HYTA requires a guilty plea. A no-contest plea or a conviction after trial does not qualify.
What happens if I violate probation while on HYTA?
The judge may revoke HYTA status and enter a conviction, but revocation isn’t automatic. Call a lawyer right away so we can present the best case for keeping your HYTA status.
Talk to a Michigan HYTA Lawyer
If you or your son or daughter is facing a charge and may qualify for HYTA, call (248) 468-1468 for a free consultation, available 24/7. We serve clients throughout Oakland County, Macomb County and Wayne County. Learn more about Attorney Christopher Brown.