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  1. #1
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    Default HYTA Violations, Prison and Probation

    My question involves criminal law for the state of: Michigan.
    So, i was sentenced to HYTA in 2010 and have violated three times. The third time i violated i was sentenced to HYTA prison for 6 months and got out but I'm still on probation.. I researched a little bit while i was at TCF and in the HYTA handbook section 762.13 it clearly states that you can be sentenced to one of the following but not a combination of both. Furthermore, I have talked to a lawyer and he said I would need to find a case where this has happened and someone has gotten off of probation. I found the case People vs. Wilson and my lawyer was saying that my right as an american is that they should let me off probation as a precedence because they did the same for him. In conclusion, I just really need some help here. I do not have the money for a lawyer and don't know what type of motion to file or how to file one. Can anyone help me please?

    Thank you.

  2. #2
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    Default Re: Hyta Prison and Probation

    where do you find that in the law?


    start with:

    what was your original probation period
    when were you sentenced
    when did they toss you back in the pokey for the violation
    how much time did you have left on your probation period when they tossed you in the pokey

  3. #3
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    Default Re: Hyta Prison and Probation

    That is based on your original sentence. Probation violations are a separate offense. Stop violating probation and you will save on petroleum lubricants.

  4. #4
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    Default Re: Hyta Prison and Probation

    Where do i find what in the law? my original probation period was 3 years. I was sentenced in November of 2010 and went to prison in Dec. of 2011. I got out on the 4th of July this year, and am supposed to be on probation until November of next year.

  5. #5
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    Default Re: Hyta Prison and Probation

    Quote Quoting needshelp:/
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    Where do i find what in the law? my original probation period was 3 years. I was sentenced in November of 2010 and went to prison in Dec. of 2011. I got out on the 4th of July this year, and am supposed to be on probation until November of next year.
    Hire a lawyer or suffer the consequences of your actions. You were smart enough to end up in jail. I'm not going to find a way for you to get out of the trouble you created. It is time to put on your Big Boy Panties.

  6. #6
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    Default Re: HYTA Violations, Prison and Probation

    I assume you're referring to People v. Wilson, 97 Mich. App. 579 (1980).

    Wilson was given an improper sentence under HYTA because he was sentenced to both jail and probation and, under the terms of the HYTA statute he could have been put on probation, send to the DOC for "custodial supervision and training", but could not be sentence to both probation and jail. His case was remanded for resentencing.

    You appear to be arguing that under the current version of the statute, the court should not have maintained your HYTA probation when sending you to a program operated by the Michigan Department of Corrections. A cursory review suggests that the DOC offers two different programs - HYTA prison for those who are sentenced into its care, and additional programs (e.g., HYTA boot camp) for which it is less apparent whether commitment to the program would be incompatibility with a county-level disposition. But I'll assume for now that you're correct - you should have been kept on probation or sent to the DOC, but once the court sent you to the DOC program it was improper for the court to continue your probation.

    So you appeal, your case is sent back for resentencing, and you expect the judge to do what? I would not be surprised if the judge were to find that you violated your probation three times and, due to the court's inability to maintain you on the probation you require, the court has no choice but to find that you violated your HYTA probation and to enter your conviction, then perhaps sentence you to time served. Also, as you chose not to file a timely appeal of your sentence, you would be appealing by leave - and the prosecutor could file its own appeal arguing that the court abused its discretion by sentencing you to the DOC instead of entering your conviction and sentencing you as a violator.

    You have told us that despite your being a repeat probation violator the judge has decided to give you yet another chance to avoid a criminal record. Very few judges would have given you this many breaks. What do you hope to accomplish here that is more important to you than putting up with a few more months of probation and getting your case dismissed, as opposed to rolling the dice on a resentencing that may well get you off of probation but potentially with a felony criminal record?

  7. #7
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    Default Re: HYTA Violations, Prison and Probation

    Basically, I just don't want this felony hanging over my head.. The reason i violated is that I have been homeless since August of 2010 and just didn't have the means to comply with probation. Still to this day i don't have an exactly stable environment to live in but I am trying to make it work. So is filing a motion basically an appeal? Also, wouldn't i have to commit a new crime to violate and them take away my HYTA status? Even more specifically, in the people vs. Wilson case it said that they wrongfully made his jail sentence a condition of probation as they did to me. So having all this, and I'm still doing further research, do you think it would be a bad idea to go through with this. I have two other probation's in two different cities I am dealing with and I just don't need a felony hanging over my head.

  8. #8
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    Default Re: HYTA Violations, Prison and Probation

    Go to a homeless shelter.

  9. #9
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    Default Re: Hyta Prison and Probation

    Quote Quoting needshelp:/
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    Where do i find what in the law? my original probation period was 3 years. I was sentenced in November of 2010 and went to prison in Dec. of 2011. I got out on the 4th of July this year, and am supposed to be on probation until November of next year.
    so, what is wrong with that? Your probation continued to run while you were in jail. Your probation was originally scheduled to run until Nov 2013 and it appears it still is.

    You think because they put you in jail for violating your probation means the probation is terminated? Your probation violation is a new crime.

    So, go ahead and complain about this so the judge can just rescind the HYTA deal and let you live with the felony for the rest of your life.

  10. #10
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    Default Re: Hyta Prison and Probation

    I've already been charged with my probation violation and that's why i went to prison.. so how am i going to violate again so she can take it away? In my eyes I was wrongfully sentenced and have been through enough of this court stuff and just want out of it. So, if i can do that by doing this then i will. Thanks for your help though. Can anyone just tell me how to file this motion or the appropriate action I am going to have to take to go about this?

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