Committed an offense between your 18th and 26th birthdays? Start with whether Holmes Youthful Trainee status is available and what it requires
The Holmes Youthful Trainee Act, usually called HYTA, is a Michigan law that lets a judge handle some cases against young defendants without entering a conviction. It comes up in Grand Rapids, Kentwood, Wyoming and across Kent County whenever a young adult is facing a first serious charge, and families often hear the term from a friend or a prosecutor before anyone explains it. The law starts at MCL 762.11. If you plead guilty and the judge assigns you to youthful trainee status, you serve a term, and if you complete it the court discharges you and dismisses the case. The catch is that it is not available for every charge, it is not automatic, and it does not protect you from everything.
The short answer. Under MCL 762.11(2), if you plead guilty to a criminal offense you committed on or after your 18th birthday but before your 26th birthday, the court may, with your consent, assign you to youthful trainee status without entering a judgment of conviction. If you were 21 or older when the offense happened, the prosecutor must also consent. It is the judge’s decision. The act does not apply to life felonies, major controlled substance offenses, traffic offenses, and certain sex offenses. For an offense punishable by more than one year, the court can impose probation of up to 3 years, commit you to the Department of Corrections for up to 2 years, or commit you to county jail for up to 1 year. MCL 762.13. If you complete the term, the court discharges you and dismisses the proceedings, and the assignment is not a conviction. MCL 762.14(1), (2). If the status is revoked, the court may enter a conviction and sentence you. MCL 762.12. Do not enter a plea until you know what the status requires and what it does not protect.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. A request for youthful trainee status is a decision about a guilty plea, so I treat it as a decision about the whole case, not just about the label at the end. Big-Firm Power. Street-Level Grit.
This page covers who can be assigned to youthful trainee status, the charges that rule it out, what the court can require, what the status does and does not do, what ends it early, and how I approach a request. It goes deeper than my Grand Rapids criminal defense lawyer page. Nothing here predicts how a judge will rule in your case, and I do not promise outcomes. I do promise to tell you where you stand.
Who can be assigned to youthful trainee status
The age rule. The offense must have been committed on or after your 18th birthday but before your 26th birthday. Before October 1, 2021, the range was 17 up to 24. MCL 762.11(1), (2). The date that matters is the offense date, not the date of arrest or the plea, so exact dates and your date of birth matter.
A guilty plea and your consent. The statute applies when you plead guilty to a criminal offense. The court may then, without entering a judgment of conviction and with your consent, consider and assign you to youthful trainee status. MCL 762.11(2). The status can apply to a misdemeanor or a felony.
The prosecutor, if you were 21 or older. If the offense was committed on or after your 21st birthday, you cannot be assigned to the status without the prosecutor’s consent. MCL 762.11(2).
The judge’s discretion. The statute says the court may assign the status, not that it must. The Court of Appeals has described how trial courts exercise that discretion and has upheld denials where the nature and severity of the offense and the circumstances of the offender made the status unwarranted. People v. Giovannini, 271 Mich. App. 409, 416-17 (2006).
More than one offense. The statute refers to “a criminal offense” in the singular. The Court of Appeals has held that a defendant is not ineligible for the status solely because he was convicted of more than one offense. People v. Giovannini, 271 Mich. App. 409, 413-17 (2006).
Offenses and situations that rule it out
The statute does not apply to the following. MCL 762.11(3).
- A felony for which the maximum penalty is life imprisonment.
- A major controlled substance offense.
- A traffic offense, meaning a violation of the Michigan vehicle code, or a corresponding local ordinance, that involves operating a vehicle and is a felony or a misdemeanor. That includes OWI. MCL 762.11(7)(b).
- A violation, attempt or conspiracy to violate the first, second, third or fourth degree criminal sexual conduct statutes (MCL 750.520b to 750.520e), other than MCL 750.520d(1)(a) and 750.520e(1)(a), and a violation, attempt or conspiracy to violate MCL 750.520g with intent to commit one of those excluded offenses.
Sex offense cases. The court also cannot assign the status if you were previously convicted of or adjudicated for an offense that requires registration under the Sex Offenders Registration Act, or if you are charged with such an offense and do not prove by clear and convincing evidence that you are not likely to engage in further listed offenses. It cannot assign the status if it finds the offense involved certain aggravating factors from the criminal sexual conduct statutes. MCL 762.11(4).
Why this matters for common charges. A first OWI is a traffic offense, so this statute is not available for it. See my Grand Rapids OWI lawyer page. Many other charges are not excluded, including most assault, larceny, breaking and entering, retail fraud and many drug possession cases. Offenses with a life maximum and major controlled substance offenses (MCL 761.2; the large-quantity manufacture, delivery and possession offenses under MCL 333.7401(2)(a) and 333.7403(2)(a)(i) to (iv), and conspiracy to commit them) are excluded, and a judge can still say no. A drug case that is not a major controlled substance offense still carries the limits described below.
What the court can require during youthful trainee status
The terms depend on how serious the underlying charge is. MCL 762.13.
- Offense punishable by more than 1 year. The court must do one of these: commit you to the Department of Corrections for custodial supervision and training for up to 2 years; place you on probation for up to 3 years; commit you to county jail for up to 1 year; or combine a commitment with up to 1 year of probation. If you are under 21, a Department of Corrections commitment must be to a facility designated for that purpose. Probation terms may include a drug treatment court. MCL 762.13(1).
- Offense punishable by 1 year or less. The court places you on probation for up to 2 years. MCL 762.13(3).
- Limits on prison commitment. You cannot be committed to the Department of Corrections if the underlying charge is under article 7 of the public health code (the drug statutes) or one of a list of offenses in the penal code, including MCL 750.110, 750.227 and 750.530. MCL 762.13(2).
- Work or school. The court may require you to maintain employment or attend high school, a high school equivalency program, community college, college, university or trade school, or to actively look for either. MCL 762.11(5).
- Electronic monitoring. If the offense was committed on or after your 21st birthday, you may be subject to electronic monitoring during probation. MCL 762.11(6).
- Supervision fee. The order includes a supervision fee of $30 for each month of probation, up to 36 months, or $60 a month with an electronic monitoring device. The court may waive it if you are indigent. MCL 762.13(6), (7).
- Work release. If you are in county jail as a commitment or probation condition, the court may authorize work release or release for educational purposes. MCL 762.13(5).
What youthful trainee status does and does not do
It is not a conviction. An assignment to youthful trainee status is not a conviction for a crime, and after release you should not suffer a civil disability or loss of right or privilege because of it, with an exception for certain sex offenses assigned before October 1, 2004. MCL 762.14(2), (3); People v. DiPiazza, 286 Mich. App. 137, 141-42 (2009).
The case is dismissed and the file is closed to public inspection. On final release, the court discharges you and dismisses the proceedings. Unless the court later enters a conviction after a revocation, the proceedings are closed to public inspection, but they stay open to the courts, the Department of Corrections, law enforcement and prosecutors for use only in the performance of their duties. MCL 762.14(1), (4).
It still counts when a later case is scored. For the sentencing guidelines, a conviction includes assignment to youthful trainee status when the court scores prior record variables 1 through 5. MCL 777.50(4)(a)(i). In Williams, the Court of Appeals held that a prior youthful trainee assignment for first degree home invasion supported 25 points for prior record variable 1. People v. Williams, 298 Mich. App. 121, 124-27 (2012). If you are charged with something else later, the old assignment can matter.
Federal court and firearms. A federal court can count a Michigan youthful trainee guilty plea as a prior conviction at federal sentencing, including to enhance a drug sentence. Adams v. United States, 622 F.3d 608, 612 (6th Cir. 2010) (guilty plea to a felony drug offense by a youthful trainee qualifies as a prior conviction for federal sentencing purposes under 21 U.S.C. § 841(b)(1)(B)). While you are still in the program, the Sixth Circuit has held that the open charge leaves you “under indictment” for purposes of 18 U.S.C. § 922(n) and the federal sentencing guidelines, if the charge is punishable by more than one year. United States v. Rolon, No. 24-1735 (6th Cir. Jan. 30, 2026). Talk to me before you touch a firearm while the case is open.
Sex offender registration. The Sex Offenders Registration Act has its own definition of a conviction. Under the current act, an assignment to youthful trainee status counts only if it was made before October 1, 2004, and a person who successfully completes the term of supervision is not convicted for purposes of the act. MCL 28.722(a)(ii). The Michigan Supreme Court has described the 2021 amendments as no longer categorizing youthful trainee assignments as registrable offenses. People v. Lymon, 515 Mich. 145 (2024); see also People v. Shannon, No. 371910 (Mich. Ct. App. May 27, 2026) (published) (quoting Lymon). Most sex offenses are also excluded from the status to begin with. MCL 762.11(3), (4). If you are on the registry because of an older assignment, tell me, because the current text may change your obligations.
Immigration. If you are not a United States citizen, tell me before any plea. State law says the assignment is not a conviction, but immigration law has its own definition of conviction, and a lawyer must advise a client about the risk of deportation before a plea. Padilla v. Kentucky, 559 U.S. 356, 374 (2010); 8 U.S.C. § 1101(a)(48)(A).
Set-aside counting. If you later apply to set aside a conviction, the set-aside statute lists dismissals under MCL 762.13 among the deferred and dismissed cases that count as a misdemeanor when your record is added up. MCL 780.621(2)(c). See my Michigan expungement page.
What ends youthful trainee status early
The court’s discretion. The court may terminate its consideration of you as a youthful trainee at any time. After assigning the status, it may revoke it at its discretion at any time before final release. MCL 762.12(1). A violation of a condition or a new arrest can put the status at risk.
Mandatory revocation. The court must revoke the status if you plead guilty to or are convicted of any of these during the assignment: a felony punishable by life; a major controlled substance offense; any of a list of penal code offenses that includes felonious assault, home invasion, felony firearm, carjacking and robbery; certain criminal sexual conduct offenses; or a firearm offense, which the statute defines as a crime involving a firearm, whether or not possessing or using the firearm is an element. MCL 762.12(2). The court must also revoke the status if a person required to register under the Sex Offenders Registration Act willfully violates that act. MCL 762.12(3).
After revocation. The court may enter an adjudication of guilt and proceed as provided by law. If it enters a conviction and sentences you, it must give you credit for time you served as a youthful trainee in a Department of Corrections facility or a county jail. MCL 762.12(3).
How I approach a Holmes Youthful Trainee request
The charge and the exclusions. I start by checking the charge against the list of excluded offenses and the sex offense rules. If the statute rules it out, I tell you at the first meeting, and we look at other paths.
Your age on the offense date. I confirm the date of the offense and your date of birth. That decides whether you are inside the age range and whether the prosecutor has to consent.
The prosecutor. If you were 21 or older, the prosecutor’s consent is required, so I talk to the prosecutor early. I do not take consent for granted.
The judge. Because the decision is discretionary, I put together the picture of who you are: school, work, family, treatment, community ties and your record. I plan the presentation around the nature and severity of the offense and your circumstances, since those are the things courts weigh.
The plea. The statute depends on a guilty plea. Before you plead, I read the terms of any plea or sentence agreement, and I make sure you understand what happens if status is revoked. Even after a dismissal, the nonpublic file stays open to the courts, the Department of Corrections, law enforcement and prosecutors for use in their duties. MCL 762.14(4).
The terms. I go over the probation conditions, the fees, the school or work requirement, any monitoring, and the rules that end the status early. We plan so you can follow them.
The risks. I tell you what the status does not protect: sentencing guidelines scoring in a later case, federal criminal history and firearm rules, and immigration consequences.
If it is not available. Depending on the facts, other paths may include a dismissal, a plea to a lesser charge, a delayed sentence under MCL 771.1(2), or one of the other deferral and dismissal laws listed in MCL 780.621(2). What is available depends on the charge, your record, the prosecutor and the judge.
What happens when youthful trainee status is on the table
- Arrest or charge. You are arrested or cited, or you learn of a warrant. Call me before you talk to anyone.
- Arraignment. A judge or magistrate reads the charge and sets bond and conditions. Compliance on bond is part of the picture the judge sees later.
- Early discussions. I review the evidence, check your age and the exclusions, and talk with the prosecutor. For a felony, you are entitled to a probable cause conference unless both sides waive it, and to a prompt preliminary examination where the law allows one. MCR 6.108(A); MCR 6.110(A).
- The plea. If youthful trainee status is the right path, you plead guilty and ask the court to assign the status. The court explains the terms.
- The assignment. If the judge grants it, you begin the term of probation, commitment or both. Follow every condition exactly.
- Completion. On final release, the court discharges you and dismisses the proceedings. If the status is revoked, the court may enter a conviction and sentence you.
For the first hours after any Kent County arrest, including bond, the arraignment and what to say to police, see my what happens after an arrest in Kent County page.
Where your Kent County youthful trainee request will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A misdemeanor is heard in district court. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. A felony starts in district court with an arraignment and a probable cause hearing. If the case is bound over, it moves to the Kent County Circuit Court, the 17th Circuit. The request is made to the court that has the case when you plead.
Why people hire me as their Michigan Holmes Youthful Trainee Act lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of your situation straight, including what the status will and will not do for your record. I prepare the case as if it will be tried, because the strength of the evidence is part of every conversation with a prosecutor and a judge, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear about the Holmes Youthful Trainee Act
What is the Holmes Youthful Trainee Act, and who qualifies?
It lets a Michigan court, on a guilty plea and with your consent, assign you to youthful trainee status without entering a conviction. The offense must have been committed on or after your 18th birthday but before your 26th birthday. If you were 21 or older, the prosecutor must also consent. The judge decides, and some offenses are excluded.
Is HYTA available if I was over 21 when it happened?
It can be, if you were under 26 when the offense was committed. If the offense was committed on or after your 21st birthday, the prosecutor has to consent, and the court can require electronic monitoring during probation.
Which offenses are excluded from HYTA?
Life felonies, major controlled substance offenses, traffic offenses (which includes OWI), and criminal sexual conduct offenses in the first through fourth degree, including attempts and conspiracies, and assault with intent to commit one of them, with two narrow carve-outs in the third and fourth degree statutes. The court also cannot assign status in certain sex offense situations, including when the defendant has a prior registrable offense.
Does youthful trainee status count as a conviction?
Not for most purposes. An assignment is not a conviction, and a completed assignment ends in a dismissal and a file closed to public inspection. But it counts as a conviction when the court scores prior record variables 1 through 5 in a later case, a federal court can count it as a prior conviction at sentencing, an open case can leave you under indictment for firearm purposes, and immigration law has its own rules.
How long does youthful trainee status last, and what are the conditions?
For an offense punishable by more than one year, probation can last up to 3 years, a Department of Corrections commitment up to 2 years, or a county jail commitment up to 1 year. For an offense punishable by one year or less, probation lasts up to 2 years. The court can require work or school, and probation carries a monthly supervision fee unless waived for indigence.
What happens if I violate probation or get a new charge while on HYTA?
The judge can revoke the status at any time before final release. The judge must revoke it if you plead guilty to or are convicted of certain offenses during the assignment, including a firearm offense. After revocation the court may enter a conviction and sentence you, with credit for time served as a youthful trainee.
Can a drug or drunk driving case be handled under HYTA?
A drunk driving case cannot, because it is a traffic offense. A major controlled substance offense cannot. Other drug cases are not excluded by name, but a youthful trainee cannot be committed to the Department of Corrections on an article 7 drug charge, and the judge still has discretion.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If you already have a conviction, see my Michigan expungement page. Other pages cover assault, drug charges, OWI, retail fraud, larceny and embezzlement, breaking and entering and home invasion, weapons charges and probation violations. For short answers on other Michigan legal questions, see the Michigan legal FAQs page.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Facing a charge and wondering about youthful trainee status? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.