When the person charged is 16, or 19, or a sophomore home for the summer, the case is not just a smaller version of an adult case. The court is often a different court, the sentencing tools are different, and the thing most worth fighting for is usually not jail — it is making sure this does not become the first line of every background check for the next forty years.
I'm Shawn Haff. A large share of the people I represent in Kent County are teenagers and college students, and their parents. This page explains how these cases actually work in West Michigan, and what the realistic best outcome looks like.
Three Different Systems, Depending on Age
Under 18 — juvenile court
Michigan's "Raise the Age" law took effect October 1, 2021. Before that, 17-year-olds were automatically prosecuted as adults. Now anyone under 18 starts in the family division of circuit court, which is focused on rehabilitation and keeps records far more private than adult court. That is a meaningfully better place to be, and keeping a case there is often the whole battle. Serious felonies can still be waived up to adult court, which is exactly the motion you want an experienced lawyer fighting.
18 to 25 — adult court, but with HYTA
At 18 you are charged as an adult. The critical tool here is the Holmes Youthful Trainee Act, MCL 762.11. If the offense was committed on or after your 18th birthday and before your 26th, the court can accept your plea without entering a conviction, put you on a period of supervision, and — if you complete it — dismiss the case and close the record to public view. There is no conviction on your record at the end of it.
Two conditions people get wrong. First, if the offense happened on or after your 21st birthday, the prosecutor has to consent; the judge cannot grant HYTA over their objection. Second, HYTA is discretionary even when you qualify, which means it is argued for, not applied automatically. It does not apply to life-maximum felonies, major controlled substance offenses, traffic offenses, or most criminal sexual conduct charges.
26 and over
HYTA is gone, and we are looking at other routes — deferrals under specific statutes, delayed sentences, diversion programs, or simply winning the case.
The Charges I See Most Against Teens and College Students
- Minor in possession of alcohol, and fake IDs
- Retail fraud — Woodland Mall and RiverTown Crossings generate a steady stream of these
- OWI, including Michigan's zero-tolerance rule for drivers under 21
- Drug possession, especially prescription stimulants like Adderall
- Disorderly conduct, minor in possession by consumption, and open intoxicants after a party
- Assault and battery arising out of a fight at a bar or a house party
- Sexting and sex offenses charged against a minor, which carry registration exposure and need immediate attention
Minor in Possession Is Not the Slap on the Wrist People Assume
Under MCL 436.1703, a first MIP is a state civil infraction with a fine of up to $100 — not a crime. That is the good news, and it is why nobody should plead to a second one casually: a violation after a prior judgment is a misdemeanor, and the exposure climbs from there. The court can also order substance use screening, assessment, and community service.
The part that actually hurts is not the fine. It is that an MIP is a public record that a nursing program, a teaching certificate board, a CDL employer, or a commissioning officer can find later.
For College Students, There Are Two Cases — Not One
This is the single most common thing families do not see coming. A criminal charge against a student at Grand Valley, Calvin, Aquinas, Davenport, Ferris, Cornerstone, or GRCC runs alongside a completely separate university conduct proceeding. The school does not wait for the court. It uses a lower standard of proof, it is not bound by the rules of evidence, and it can suspend or expel you months before your criminal case is resolved.
Those two tracks interact in ways that can wreck each other. A written statement given to a student conduct office to look cooperative is a statement the prosecutor can obtain and use. Sequencing them correctly is a large part of the job — see how this plays out in campus misconduct cases.
What a Conviction Actually Costs a 20-Year-Old
Judges and prosecutors are often genuinely open to the argument that a conviction is disproportionate to what a young person did on one bad night. That argument works better when it is specific:
- Financial aid. A drug conviction can complicate aid eligibility and campus housing well beyond the sentence.
- Licensure. Nursing, education, pharmacy, social work, accounting, and law all screen for theft and dishonesty offenses. Retail fraud is a crime of dishonesty, which is why it is worse than its 93-day maximum suggests.
- Immigration. For an international student, some pleas are removable offenses. This has to be checked before the plea, not after.
- Employment and military service. Background checks reach back much further than most 19-year-olds imagine.
- Gun rights. A felony conviction ends them for years — see gun and firearm charges.
Parents: What to Do in the First 48 Hours
- Tell your child to stop talking about it. Not to police, not to campus security, not to the resident assistant, and not on a recorded jail phone line.
- Do not let them write a statement for a loss prevention office, a dean, or a student conduct officer before a lawyer reads it.
- Take screenshots. Group chats, Snapchat, venue video — evidence that helps disappears in days.
- Write down the date and court on the paperwork. A missed first appearance turns a manageable case into a bench warrant.
- Call before the first court date, not after. HYTA and juvenile-court arguments are far easier to make early than to fix later.
I answer my own phone, 24 hours a day, including the 2 a.m. calls from parents. Call 616-438-6719 and we will talk about where your child's case actually stands.
Teen & College Student Defense FAQ
At what age is someone charged as an adult in Michigan?
Eighteen. Michigan’s "Raise the Age" law took effect October 1, 2021 and moved 17-year-olds out of adult court and into the family division of circuit court. Anyone under 18 now starts in juvenile court, though serious felony cases can be waived up to adult court on the prosecutor’s motion.
What is HYTA and who qualifies for it?
The Holmes Youthful Trainee Act, MCL 762.11, lets a court accept a guilty plea without entering a conviction, then dismiss the case and close the record once the person completes supervision. Since October 1, 2021 it covers offenses committed on or after the 18th birthday and before the 26th. If the offense was committed on or after the 21st birthday, the prosecuting attorney must consent. It does not apply to life-maximum felonies, major controlled substance offenses, traffic offenses, or most criminal sexual conduct charges, and it is always discretionary with the judge.
Is a first minor in possession charge a crime in Michigan?
No. Under MCL 436.1703 a first violation is a state civil infraction with a fine of up to $100, not a misdemeanor. A violation after a prior judgment is a misdemeanor. The court can also order substance use screening and assessment and community service, and the record remains publicly visible to licensing boards and employers.
Will my child’s university punish them before the criminal case is over?
Usually yes. A campus conduct proceeding is separate from the criminal case, uses a lower standard of proof, and can suspend or expel a student long before a court resolves the charge. The two cases also affect each other: a statement given to a student conduct office can end up in the prosecutor’s file. They need to be handled together, in the right order.
Can a juvenile record be sealed in Michigan?
Juvenile records are already far less public than adult records, and many can be set aside on application once waiting periods are met. The stronger outcome is avoiding an adjudication in the first place through diversion, consent calendar, or dismissal, because that leaves nothing to seal.