Section 11 of the HYTA statute states:
(2) Beginning October 1, 2021, except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual’s eighteenth birthday but before his or her twenty-sixth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee. If the offense was committed on or after the individual’s twenty-first birthday but before his or her twenty-sixth birthday, the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney. If a defendant is charged with an offense listed under subsection (3) and the defendant pleads guilty to any other offense or will be eligible for the status of youthful trainee under subsection (4), the prosecutor shall consult with the victim regarding the applicability of this section.
HYTA applies to adult offenders that commit an eligible crime after age 17 but before their 26th birthday.
Even if you are eligible, HYTA status isn’t guaranteed, and it is up to the judge’s discretion. This is why hiring an experienced defense attorney who can effectively negotiate this outcome with the prosecutor and judge is essential.