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Anti-Terrorism Laws

Terrorism doesn't have a set definition in criminal law. The meaning of terrorism is the act of coercion through fear towards civilians with no regard to their safety. Usually, terrorist acts are prompted by religious or political motivation. Due to the intensity of the word terrorism, it is hard to pinpoint just one definition of the word. Many acts can be defined as terrorist acts. Below are some of the more commonly asked questions about terrorism.

Is terrorism considered a criminal act or an act of war?

Countries are responsible for acts of war, not individuals or terrorists. Terrorists should be held accountable for their actions in a federal court and sentenced like any other criminal. Our court system is certainly equipped to handle people who have been charged with terrorist acts. Timothy McVeigh committed a terrorist act when he bombed the Oklahoma City building and was charged and found guilty.

What is the impact terrorism and cyber crimes have on interpreting the fourth amendment?

Our 4th amendment protections have been trimmed due to terrorism and cybercrimes. When the government chose to invade our privacy by searching through our communications under the pretense of protecting us from cyber criminals and terrorist acts, there was a vote to immunize those telecom companies that allowed the invasions.

When the constitution was written, our forefathers knew the importance of individual privacy. This is why they made it clear in the constitution that in order to conduct searches, the government must have just cause. Crime and terrorism existed during the time that our constitution was written, but there were still laws set forth to protect the citizens from government conducting searches and seizures without cause.

Terrorism and cyber crimes shouldn't affect our 4th amendment rights and if allowed many people would use these reasons as a way of breaking down the 4th amendment and causing less protection for us under the 4th amendment.

What is an anti-terrorist code when trying to transfer money from London to the United States?

The anti- terrorist code that you are probably referring to is called an S.W.I.F.T code. SWIFT is an international financial institution that provides settlement and clearing services for financial transactions. Every bank that is involved in accepting or receiving international wire transfers is a member of SWIFT. If you are having trouble getting a SWIFT code, more than likely you will have to make arrangements to have your money wired to a large bank rather than a smaller one. Many small banks are not SWIFT members and cannot acquire a code. Once your wire has reached the US, you can have the money transferred to a smaller bank. To learn more about the SWIFT organization, go here: http://www.swift.com/about_swift/company_information/index.page?lang=en

US banks are required to conduct a name search of individuals who wish to send a certain amount of money in or out of the US. The names of the persons receiving and sending will be searched by using a database that is ran by the US government. The names of the people in the database are thought to be involved in terrorist activities. If a name is found to match that of someone on the list while a bank is conducting a search, they notify the FBI and Homeland Security immediately. However, if there are no matches found during the name search, the bank will notify the bank outside of the US that based on the Patriot Act, the transaction is allowed.

So before you continue, you must contact the other bank to ensure that they are SWIFT members. If not, the person who is involved in the money transaction with you may have to change banks to one who has a SWIFT code.

What is the legal recourse for a person on probation for making a terroristic threat?

Case Details: I was recently kicked out of batterer's intervention class because I couldn't afford the class any longer. What should I do? Will I go to jail?

You shouldn't have your probation revoked if you cannot afford the classes. However, your probation may be extended until any fines are paid. You shouldn't go to jail because you cannot pay. If the probation office attempts to have your probation revoked, you will receive an attorney through the court to assist you in fixing the issue. The Supreme Court states that a person's probation cannot be revoked due to the inability to pay ones fines.

Can I change my Alfred Plead to not guilty while facing felony charges for making a terrorist threat?

Case Details: I am facing felony terrorist threat charges that are untrue.

The first thing you need to do is go to the court clerk's office and file a motion to withdraw your guilty plea. Usually, this should be done within 10 days of a guilty plea. In Georgia, if you can prove that a manifest injustice has occurred, the judge is supposed to allow you to change your plea from guilty to not guilty. When you file the motion, you will have to prove that a withdrawal is necessary to correct a manifest injustice. You may want to let your attorney assist you in this.

Terrorism is a widely used term for instilling fear in others. If you find yourself in a terrorist situation or just have questions about laws related to terrorism, you should seek the legal insight of an Expert.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Over 10 years of criminal defense practice.

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