To: The Alabama State House, The Alabama State Senate, and Governor Kay Ivey
Amendment to The Youthful Offender Act for The State of Alabama - Youth RIGHTS
This is a petition to make a correction the the wording of the Youthful Offender Act for the State of Alabama. The wording "MAY" inform you of your rights, is to be changed to "SHALL" inform you of your rights. This is to correct the interpretation from the courts on the difference between "Shall" and "MAY".
The youth MUST be informed of their rights before making a plea!
The youth MUST be informed of their rights before making a plea!
Why is this important?
This potation is to protect our youth from being a victim of the courts.
The courts "MUST" inform you of your rights instead of "MAY" inform you of your rights!
Under Alabama law you are not considered an adult until the age of 19. But if arrested and charged under the age of 21 you have the right to file for a youthful offender status up to 5 times if you have not claimed adult status on any prior offense.
The problem with this law is the courts are not required to inform a youth of these rights. The reading of the Act says we "may" inform and not we "shall" inform. When the youth of Shelby County have gone before Judge Ronald Jackson, he has not informed them of their full rights and has had many who could have claimed youthful offender status for minor offenses such as drinking under age. They are charged as adults. This goes on their permanent record and effects their future. Judge Ronald Jackson stated in a recent case that it would open up a flood of people coming back if he corrected a ruling presented to the courts in a case requesting youthful offender after prior being charged as an adult for under age drinking. The offender was not informed of their rights to be able to claim youthful status prior to their plea. The court MUST be responsible for informing youth of their full rights before asking for a plea. The wording need to read The courts "MUST" inform you of your rights instead of "MAY" inform you of your rights due to some judges interpretation of the wording. THIS MUST BE CORRECTED BY OUR LEGISLATORS.
The courts "MUST" inform you of your rights instead of "MAY" inform you of your rights!
Under Alabama law you are not considered an adult until the age of 19. But if arrested and charged under the age of 21 you have the right to file for a youthful offender status up to 5 times if you have not claimed adult status on any prior offense.
The problem with this law is the courts are not required to inform a youth of these rights. The reading of the Act says we "may" inform and not we "shall" inform. When the youth of Shelby County have gone before Judge Ronald Jackson, he has not informed them of their full rights and has had many who could have claimed youthful offender status for minor offenses such as drinking under age. They are charged as adults. This goes on their permanent record and effects their future. Judge Ronald Jackson stated in a recent case that it would open up a flood of people coming back if he corrected a ruling presented to the courts in a case requesting youthful offender after prior being charged as an adult for under age drinking. The offender was not informed of their rights to be able to claim youthful status prior to their plea. The court MUST be responsible for informing youth of their full rights before asking for a plea. The wording need to read The courts "MUST" inform you of your rights instead of "MAY" inform you of your rights due to some judges interpretation of the wording. THIS MUST BE CORRECTED BY OUR LEGISLATORS.