MCLA 762.11 - 762.15 Holmes Youthful Trainee Act (HYTA)
Offense must have been committed prior to the defendant’s 21st birthday
Must have consent of individual
Offense may be for any charge excluding the following:
A felony punishable by life
A major drug offense
A traffic offense which is considered a misdemeanor or a felony under the
Michigan Vehicle code 257, or any corresponding local ordinance
Defendant must enter a plea of guilty, but the court withholds a judgment of guilt
For a misdemeanor offense the term of probation may not exceed 2 years
A revocation of status results in an adjudication of guilt and imposition of sentence
It should be noted that although HYTA is generally thought to be for first time offenders, the statute does not specify that as a criterion, nor does it limit the number of dismissals under this section.
MCLA 769.4a Spouse Abuse Act
Defendant has not been previously convicted of 750.81(Assault &Battery) or 750.81a (Aggravated Assault)
Victim is the defendant’s spouse, former spouse, an individual who has a child in common with the defendant, or an individual residing or having resided in the same household
Defendant may only have one dismissal under this section
Defendant may be placed on a period of probation not to exceed 2 years*
*As a condition of probation the defendant may be ordered to attend a mandatory counseling program at his/her own cost.
MCLA 333.7411 Substance Abuse Act
No previous drug related offenses
- Defendant must be charged with one of the following offenses:
- Possession of a Controlled Substance under 333.7403 (2)(a)(v), (b), (c), or
- Use of a controlled substance 333.7404 OR
- First or second charge of Possession of an Imitation controlled substance
Must have consent of defendant
Only one prior dismissal under this section
Defendant must enter a plea of guilty or be found guilty, but court withholds judgment of guilt
Defendant must be placed on a term of probation not to exceed 2 years***
*Sections (c) and (d) of 333.7403 apply to District Courts with the charges of Possession of a Schedule 5 Drug & Possession of Marijuana.
**If it is the defendant’s second violation of this section, the court shall order the defendant to undergo screening and assessment for substance abuse treatment.
***As a condition of probation, the defendant may be confined to jail or a residential treatment facility, or may be required to attend appropriate rehabilitative programs.