Adolescents often face significant peer pressure to fit in a group, craving for a sense of belonging and acceptance. It may not be true for everyone, but there may come a time when your teen may get into trouble because of this pressure.
For some, this may come in the form of getting involved in a drug-related offense. This is a first offense, and you cannot help but worry about its potential long-term consequences for your child’s future. Is it possible to remove this offense from your child’s record?
Special sentencing options available
In Michigan, there are two special sentencing options available to certain drug offenders: Section 333.7411 and the Holmes Youthful Trainee Act (HYTA). These programs offer a chance for rehabilitation and a fresh start for eligible individuals. Let us explore who qualifies for these special sentencing options.
Eligibility for Section 333.7411
Section 333.7411, often referred to as “7411,” is a valuable option for first-time drug offenders. To qualify for 7411 sentencing, you must meet the following criteria:
- First-time offender
- The offense should be related to the possession, use or possession with intent to distribute controlled substances
- Plea of guilty or nolo contendere to the drug offense
If qualified, and your child successfully completed probation, his or her charges may be dismissed and it ensures that no felony conviction remains on your child’s record.
Qualifying for HYTA
On the other hand, the Holmes Youthful Trainee Act (HYTA) aims to support young offenders between the ages of 17 and 24. To be eligible for HYTA sentencing:
- The offender must be between the ages of 17 and 24 at the time of the offense.
- The offense should be nonviolent and typically drug-related.
- The offender has not previously used HYTA sentencing for another offense.
- The prosecutor must agree to the eligibility for HYTA.
Rather than punitive measures, the program focuses on rehabilitation, education and personal growth. If successfully completed, HYTA sentencing allows individuals to avoid a public criminal record.
Your child deserves a second chance
Every first-time offender deserves a second chance, much so for a teenager who is just starting to make sense of the world. A drug offense can have dire consequences on their future, but there are options that can offer a path toward redemption and reintegration into society for those who qualify.