Daily Briefs . . .

Solo and Small Firm Section to host May 28 seminar at Andiamo’s

Being charged with a crime is the most stressful event in most people’s lives. The rules which govern this process are often incomprehensible for the accused as well as inexperienced lawyers. The Solo and Small Firm Section of the State Bar of Michigan is hosting a seminar featuring some of the most competent jurists and lawyers in the field of criminal law on Thursday, May 28 from 5:30-7:30 p.m. at Andiamo’s, 6676 Telegraph Road, Bloomfield Twp. Speakers include Judge Mark S. Switalski, Macomb County Circuit judge with 15 years of experience appointing criminal counsel, conducting trials and sentencings of felony cases; Judge Jodi Debbrecht Switalski who has served the public for 5 years as a judge in Waterford District Court handling misdemeanor cases and conducting preliminary exams of felony cases. Distinguished counsel, Brian Zubel, a pioneer in the area of DNA evidence will give his viewpoint on motion practice in the criminal court and Elias J. Escobedo, Jr., a 30 year veteran who has defended individuals accused of violating federal and state criminal laws will share his insights and experiences.

 The seminar includes a complete meal prepared by Andiamo’s chefs and a cash bar.  While walk-ins are welcome, please contact Elizabeth A. Silverman at 248-538-1177 or elizabeth@elizabethsilverman.com to pre-register.  Cost of dinner and the seminar is $50.

 

Bills expand use of alternative sentencing for youthful offenders
 

A program for youthful offenders that allows them to have their criminal record cleared if they serve their sentence without incident will be improved and expanded under legislation signed today by Gov. Rick Snyder.

The bill package expands the age of eligibility under the Holmes Youthful Trainee Act (HYTA), which allows sentences to be decided by the prosecuting attorney and judge, and can involve probation, jail or prison.

“Allowing younger offenders to fulfill their sentence with the promise of a second chance gives them invaluable time to consider the consequences of their actions and chart a different course for the future,” Snyder said. “Under the discretion of the judge and prosecuting attorney, this program enables an offender to continue working
or going to school. It is showing good results for our youth and our communities and deserves to be expanded.”

House Bill 4069, sponsored by Rep. Harvey Santana, expands the eligibility age for HYTA so that offenders between the ages of 17 and 23 qualify for the program and clarifies the authority of the court to require trainees to be employed or in school to retain HYTA status.  HB 4135, sponsored by Rep. Kurt Heise, requires the automatic revocation of HYTA status for anyone who is convicted of a listed assaultive offense or firearm crime while under supervision. HB 4169, sponsored by Rep. Marcia Hovey-Wright, limits the maximum sentence length for HYTA offenders sentenced to prison time. The bills are now Public Acts 31, 32 and 33 of 2015.

The governor spoke about HYTA in his Special Message on Criminal Justice on May 18, under the topic of diversion and being smarter about how and when incarceration is the best option for an offender, or whether an alternative sentence would better serve the public interest.

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