What is HYTA?

HYTA is an acronym for the Holmes Youthful Trainee Act. This Act allows youthful offenders to avoid getting a criminal conviction and public criminal record as a result of criminal charges. HYTA is only available in certain circumstances to those who qualify. The first and most important factor in HYTA eligibility is the age of the defendant at the time of the alleged offense. HYTA is available to defendants who are at least 18 years old but are not older than 25 years old. A defendant is then ineligible for HYTA if they are under 18 years old or if they had turned 26 years old before the alleged offense took place. HYTA is generally thought of as a first-time offender program, but it can be used more than once as long as the judge agrees. If the defendant was between the ages of 18 and 21 years old at the time of the alleged offense, then getting the prosecutor’s consent to HYTA treatment is not necessary. If the defendant was over 21 but under 26 years old at the time of the alleged offense, then it is necessary to get the prosecutor to agree to HYTA treatment. The court must always agree to sentence the defendant under HYTA, so getting HYTA treatment is not guaranteed. If you are interested in HYTA, then it is important to speak to an experienced criminal defense attorney.

HOW CAN HYTA BE USED ON A CRIMINAL SEXUAL CONDUCT CHARGE?

HYTA can be used on many misdemeanor and felony charges to avoid conviction and a criminal record. There are limitations on what types of cases HYTA can be used on, and crimes that are not eligible for HYTA treatment include:

• OWI or drunk driving offenses
• Criminal traffic offenses
• Major drug charges
• Capital felonies
• Most criminal sexual conduct charges

If your charge is not eligible for HYTA, then you will not be able to be sentenced under HYTA unless the prosecutor amends the charge to one that allows for HYTA treatment. As listed above, most criminal sexual conduct charges are ineligible for HYTA. This includes charges of:

• Criminal sexual conduct first degree
• Criminal sexual conduct second degree
• A sexual assault that was committed by force
• A sexual assault committed on a victim under the age of 13
• A sexual assault where it was known to the defendant that the victim was incapacitated, helpless, or was unable to give consent

If your criminal sexual conduct charge does not have one of the factors listed above, then you may be able to receive HYTA treatment. Before being granted HYTA by the court for a sex-based criminal offense, the court must determine that the defendant is not a predator and is not likely to commit any future similar crimes. It is on the defendant to prove these things to the court, and the defendant must make a showing by clear and convincing evidence that HYTA is warranted. This is typically done through an evaluation by a specialized therapist. If the court is satisfied, then the defendant can be placed on HYTA probation and avoid public conviction and criminal record. If you have legal questions, then it is important to seek the guidance of an experienced criminal defense attorney.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. Since most criminal sexual conduct cases usually involve testimony from police officers and the complaining witness, a thorough evaluation of the series of events is critical to determining the correct defense approach. It is uncommon for criminal sexual conduct cases to come with a video that shows the interactions between the parties. Usually, if a video is available, it is a recording from the patrol car or body cam showing the interactions with the police. Each step officers take during a criminal sexual conduct investigation can be examined and questioned in defending your case. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a criminal sexual conduct charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today