In Michigan a Defendant sentenced under the Holmes Youthful Trainee Act (HYTA) is potentially subject to probation, probation with a jail sentence,or a prison sentence. If the Defendant is sentenced to prison under HYTA, he or she can be sentenced to a flat prison sentence of up to 3 years. The benefits of HYTA prison are that the offense becomes a nonpublic record, and the Defendant can truthfully tell employers, schools, and others that he or she does not have a felony conviction for the offense or offenses for which he or she received HYTA. Also, as a HYTA prisoner, the Defendant is not subject to the discretion of the parole board for release and is not subject to parole conditions or supervision upon release.
Unfortunately, a Defendant that receives HYTA prison is not eligible to participate in the MDOC SAI Boot Camp program. The basis for this is how the HYTA statute is written. The main benefit of the MDOC SAI Boot Camp is that if a Defendant is placed in this program, and successfully completes the program along with an aftercare component, he or she is placed on parole. The MDOC SAI Boot Camp program itself is 90 days long once the Defendant is placed in the program. There may be a delay for the Defendant to be placed in the program based upon the prison quarantine process and for MDOC compliance with the Michigan Crime Victim’s Rights Act. A benefit of a MDOC SAI Boot Camp sentence over HYTA prison is that the Defendant may end up serving far less time in prison under the MDOC SAI Boot Camp program depending upon his or her individual circumstances. Not all Defendants are eligible for the MDOC SAI Boot Camp program. Also, the sentencing Judge must have no objection to MDOC SAI Boot Camp placement.
For all criminal law issues it is important to retain the services of an experienced criminal defense lawyer, such as Daniel Hilf of the law firm of Hilf & Hilf, PLC.
It is possible for a Defendant that receives HYTA probation to also participate in the MDOC SAI Boot Camp program as a probationer. The Defendant must be eligible for the MDOC SAI Boot Camp probationer placement, and receive the MDOC SAI Boot Camp program as part of his or her sentence.
Sometimes in life you only have 1 opportunity to receive the right result
The lawyers at Hilf & Hilf, PLC provide outstanding legal representation before many Courts throughout the state of Michigan. Hilf & Hilf, PLC is conveniently located at 1775 W. Big Beaver Road in the city of Troy. Call us at (248) 792-2590 to schedule an appointment.
Hiring the right lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able – just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.