High Point Family Law

Terrorism Law Held Constitutional

Founded in 1974, the Partiya Karkeran Kurdistan (PKK) was established as a Marxist-Leninist insurgent group composed of Turkish Kurds who formed to seek Kurdish independence from Turkey. By the late 1990s the group had had morphed from a rural-based insurgent group into a full-fledged terrorist organization, sometimes using suicide bombings on civilian targets.

Founded in 1976, the Liberation Tigers of Tamil Eelam (LTTE) became one of the most lethal and well organized terrorist groups in the world that, beginning in 1983, waged an armed campaign in Sri Lanka to establish a separate Tamil homeland before the group was defeated by the Sri Lanka army in May 2009. The LTTE pioneered the use of suicide belts.

Both groups are designated as Foreign Terrorist Organizations by the U.S Department of State.

The evidence is clear that the PKK and LTTE have engaged in terrorist activities, including suicide bombings, which have harmed innocent civilians. It was these kinds of international terrorist acts and the 1995 Oklahoma City bombing that prompted the U.S. Congress to enact the Anti-Terrorism and Effective Death Penalty Act (AEDPA) which was signed into law by former President Bill Clinton in April 1996.

One of the controversial components of AEDPA was codified at 18 U.S.C. 2339B which makes it a federal crime to provide “material support or resources to designated foreign terrorist organizations.” While Congress has amended the definition of “material support or resources” a number of times since 1996, Subsection 2339A (b) (1) offers the current definition:

“[T]he term ‘material support or resources’ means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials.”

Another component of AEDPA, the authority to designate an entity as a “foreign terrorist organization,” was codified at 8 U.S.C. 1189(a) (1), (d) (4). This authority rests with the Secretary of State who, after consultation with the Secretary of Treasury and Attorney General, must determine whether the organization is foreign, engages in “terrorist activity” or “terrorism,” and “threatens the security of United States nationals or the national security of the United States.”

In 1997 former Secretary of State Madeleine K. Albright designated 30 groups as foreign terrorist organizations. Two of the groups on that list were PKK and LTTE.

The Humanitarian Law Project, which was founded in 1985 and is “dedicated to protecting human rights and promoting the peaceful resolution of conflict by using established international human rights law and humanitarian law,” filed a lawsuit in 1998 challenging the “material support or resources” provisions of A� 2339B. The lawsuit’s long convoluted history found its way to the U.S. Supreme Court and, on June 21, 2010, that court in Holder v. Humanitarian Law Project upheld the constitutionality of the terrorism statute.

The Humanitarian Law Project (HLP) filed its lawsuit because, according to the group, A� 2339B prevented it from providing support for the humanitarian and political activities of PKK. This included: (1) “training members of PKK on how to use humanitarian and international law to peacefully resolve disputes”; (2) “engage in political advocacy on behalf of Kurds who live in Turkey”; and (3) “teach PKK members how to petition various representative bodies such as the United Nations for relief.” HLP also charged that A� 2339B prevented it from providing monetary contributions, legal training, and political advocacy for the LTTE. This included: (1) “train members of LTTE to present claims for tsunami-related aid to mediators and international bodies”; (2) “offer their legal expertise in negotiating peace agreements between LTTE and the Sri Lankan government;” and (3) “engage in political advocacy on behalf of Tamils who live in Sri Lanka.”

The HLP based its lawsuit on three constitutional challenges to 2339B: 1) it violated their First Amendment freedom of speech; and 2) it violated their First Amendment freedom of association. These two challenges were premised on the theory that 2339B criminalized their support to PKK and LTTE without the Government having to prove that HLP had a specific intent to further the unlawful ends of those groups. Finally, HLP challenged 2339B as being unconstitutionally vague.

A central issue in the case initially focused on exactly what constituted “personnel” and training.” While the lawsuit was pending, and in the wake of the 9/11 terror attacks on the Twin Towers in New York, Congress enacted the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Patriot Act) which amended the “material support or resources” provision of 2339B to include the term “expert advice or assistance.” The HLP filed a second lawsuit, which was ultimately …

Good To Know About The Different Types Of Lawyers

Taking the help of reputed lawyers to deal with lawsuits is a common experience which most US citizens residing in major cities like Kent (WA) and Edgewood (WA) have faced. In such cases it is important to understand the different legal processes, legal jurisdiction, and types of lawyers which in turn would help you get the best legal help available.

Legal cases can at times be serious, so it is very important to get the right lawyer who can help you immensely and is also the key to obtain wonderful results from lawsuits. Lawyers are of different types, some who are general practitioners dealing in non-specialized and routine cases, whereas, others may be specialists in a definite line of law. Usually the latter have a thorough knowledge of the finer details of the law that they deal in. The fees for these specialists are usually higher than the general attorneys; however, their expertise most often helps to enhance their effectiveness and efficiency.

Here is a list of some of the major types of lawyers and the type of law they deal in:

1.Accident and personal injury lawyers: These lawyers, also known as personal injury attorneys are the best people to help you in getting financial compensations and also relieve you from any legal complications pertaining to personal injury charges. Claims often relate to motor accidents, work related injuries, violations of rights, and medical errors. Sometimes personal injury charges may also be due to damage to the reputation of a person.

2.Criminal defense: These attorneys represent their clients who are charged with such charges in a criminal court of law. Generally these criminal defense lawyers try to prove that their clients are not guilty, whereas on the other hand, the prosecutor tries to prove otherwise. US citizens residing in most major cities like Tacoma (WA) and Kent (WA), who have been through such similar charges, would say that in criminal cases it is always a good idea to hire an experienced criminal defense attorney.

If you are looking for good lawyers – Kent (WA) and Newcastle (WA) are some of the cities in US where residents can hire the services of experienced lawyers from The Terry Law Firm. They offer knowledge and experience to their clients which help to resolve the latter’s cases with the best possible result. In case you need further information about the firm then visit .…

How to Find the Best Criminal Attorneys and Lawyers

Before going into the question of how to identify the best criminal attorney or criminal lawyer, we need to understand what criminal acts are. Criminal acts can range from petty offenses like theft, DWI and assault to grave felonies like fraud, white collar crime, drug offenses, sex offenses, and felony DWI. The punishment for crimes also varies from imposition of fines to short-term simple imprisonment to extended rigorous imprisonment – and in some countries like the U.S. even capital punishment.

In criminal law, the case is initiated by the state or federal government through a prosecutor rather than by the victim, as is the practice under civil law. The prosecutor in a criminal law has the onus to prove to the judge or jury “beyond a reasonable doubt” that the accused is guilty of the crime he is charged with.

Criminal Law Attorneys are persons with legal qualifications who represent clients who are being prosecuted by the state or federal government for an act of crime. It is the general practice in law to assume any accused as innocent unless proved guilty.

It is in the interest of the accused that he/she engages a criminal law attorney as soon as possible. Any attempts to delay the process of hiring a defense attorney and a wait-and-see approach can quite often prove detrimental to the accused. More importantly, never seek guidance about your rights and legal status from police officers and prosecutors who will naturally not act in a suspect’s best interest.

If you have been charged with a crime, it is important that you find the right kind of defense attorney to represent you – without wasting time. Please remember that the criminal law attorney has to be different from the type of attorneys who handle matters like divorce, writing a pre-nuptial agreement, or a bill.

Finding an experienced and competent criminal lawyer to represent you is crucial if you want the charges dropped and your innocence established in a law court. Finding a good criminal lawyer is daunting and this task becomes ever more stressful when one is already under pressure as an accused in a criminal case.

The criminal lawyer you hire has to be experienced, fully conversant with the criminal law, familiar with similar case-studies, possesses argumentative skills and knows the ropes in the courthouse.

Even before hiring a criminal lawyer, you can spend some time with the lawyer, to ascertain how competent and compatible he will be. One must also be totally candid with the criminal lawyer one hires. Ask if the criminal lawyer has handled similar cases in the past and how many times he was able to obtain acquittal for clients with these kinds of charges.

The right lawyer for you will depend on your situation, the crime you have been charged with, your affordability, your personal history and prior criminal record. A competent attorney devotes time pondering over your case and also knows how to take care of witnesses who might try to change their versions during the course of the proceedings of the case. Finding the right criminal attorney could make the critical difference between you being acquitted or languishing in jail.

In today’s age and time, it is wise to engage criminal lawyers who are computer-literate and can do videoconferencing, electronic filing, and voice-recognition technology to solve cases, share information and handle things using more sophisticated methods.…

Tips on What to Do When Pulled Over for DWI

Out of all the errors a person can make behind the wheel of a motor vehicle, driving while intoxicated often is one of the worst lapses in judgment. It can be a costly and humiliating experience, one that often is made worse because drivers don’t know their rights when they have been stopped for an officer for DWI.

Typically, a DWI stop starts with the officer asking you for your license and registration; that much you have to provide. But when he starts asking you questions, you’re under no obligation to answer – if you choose not to speak at all because you’re afraid it might often some indication that you’ve drunk, then it’s your right not to say a word.

Often, if an officer thinks you’ve been drinking, he may ask you to perform field sobriety tests. Again, in most states you have the right to refuse such tests, which often are subjective, offering an officer the opportunity to make a judgment call that you’ve been drinking. Again, don’t do anything that offers any potentially self-incriminating evidence.

At some point, the officer is going to want you to take a Breathalyzer or blood test, and you’re darned if you do, darned if you don’t in this regard. All US States have implied consents laws, which basically state that if you have a driver’s license, you must comply with a request for such tests if an officer deems one necessary. And if you don;t take the test when asked, you still face the possibility of a fine, suspended license, even jail time. In some instances, you’re may be a little better off declining the test, but most of the time, agree to have it done.

So take the test, and one of tow things will happen: Either you’ll be found to not be drunk, or you will be found to be intoxicated and arrested for DWI. Even that, though, doesn’t necessarily mean a conviction – the equipment used to check your level of intoxication varies in its accuracy, and can often be challenged in court. Or perhaps the officer made a procedural error, which could lead to your case being throw out.

How will you know if such errors have been made? Most of the time you won’t, and in the case of a DWI, the old adage “Only a fool acts as his own attorney” has never been truer. if you face a court date for DWI, don’t waste time trying to represent yourself – go find yourself a criminal defense attorney. Don’t take the first one you see in the Yellow Pages; look around a bit, ask others who they can recommend. There are huge differences in the competence of attorneys, and you’ll want the best one you can afford representing you in a court of law.

And one last point: If you’ve been stopped for DWI, hopefully you’ve learned something, whether you’re convicted or not, something that should have been obvious – drinking and driving don’t mix.…