Last Updated on: 17th October 2023, 10:57 pm

How a Lawyer Can Help with Computer Crimes Charges

Getting charged with a computer crime can be really scary. You may be wondering, what did I even do wrong? Was it really illegal? What’s going to happen to me now? Am I going to jail? Luckily, having a good lawyer on your side can make a huge difference. Keep reading this article to find out exactly how an attorney can help you fight computer crimes accusations and get the best possible outcome in your case.

How a Lawyer Can Defend You Against Computer Crimes Charges

A knowledgeable lawyer can protect your rights and build the strongest defense in several key ways:

They Understand Complex Computer Crime Laws

Laws involving computer crimes tend to be complex. There are both state and federal statutes, which overlap in some cases. For example, identity theft and hacking can potentially be charged under multiple laws. Your lawyer will be familiar with all the relevant laws so they can figure out exactly what you are being charged with.

They Can Challenge Improper Evidence Collection

In computer crime cases, evidence is often collected from electronic devices, online accounts and networks. But did the police follow proper procedures in gathering that evidence? Did they have the legal authority, such as a valid search warrant? Your attorney can scrutinize the evidence collection process. If they find any flaws, the evidence could potentially be thrown out of court.

They Can Argue You Had No Criminal Intent

Most computer crimes require prosecutors to prove you knowingly and intentionally committed a criminal act. But what if you had no idea you were doing anything illegal? For example, maybe you unknowingly downloaded malware that spread on its own. Or you shared login info without realizing it violated a website’s terms. Your lawyer can argue you lacked criminal intent, which could get the charges dismissed.

They Can Negotiate Plea Deals

Rather than risk going to trial and potentially getting convicted, your attorney may be able to negotiate a favorable plea bargain. This involves pleading guilty to a lesser charge in exchange for a lighter sentence. While you want to avoid a criminal record if possible, sometimes a plea deal is the best strategic move.

They Can Build an Affirmative Defense

An affirmative defense is where you admit you committed the illegal act, but argue it was legally justified. For instance, you hacked into someone’s account, but only to stop them from carrying out an imminent violent crime. Or you shared trade secrets to expose illegal activity. While tough to prove, a convincing affirmative defense can sometimes get computer crime charges dropped.

Why Hiring a Lawyer Early On is Crucial

Don’t wait until after you are arrested or indicted to contact a lawyer. By then, it may be too late to implement an effective defense strategy. The best time to hire counsel is as soon as you learn you are being investigated or could be charged. An experienced attorney can get involved right away to protect your rights, before you inadvertently incriminate yourself.

They Can Advise You Not to Talk to Police

Never agree to be interviewed by the police without your lawyer present. Anything you say can be used against you later on. Your attorney will tell the police you are invoking your right to remain silent. That prevents you from accidentally confessing to a crime or making other damaging statements.

They Can Prevent Devices From Being Searched

Investigators may want access to your computer, phone or online accounts to look for incriminating evidence. But your lawyer can refuse consent for any searches that require your permission. That forces the police to get a warrant first, which subjects their investigation to court oversight.

They Can Start Collecting Favorable Evidence

Your lawyer can immediately start gathering evidence and witness statements that support your innocence. That’s much easier to do before memories start fading and records are deleted. Preserving favorable evidence early on builds a stronger defense.

How to Find the Right Lawyer for Your Computer Crimes Case

Not every criminal defense lawyer has in-depth knowledge of computer crimes. When choosing legal counsel, you want to look for these important qualifications:

• Extensive experience handling computer crime cases specifically, not just general criminal defense
• In-depth knowledge of relevant state and federal laws and how prosecutors typically apply them
• Strong track record getting computer crimes cases dismissed pre-trial or negotiating favorable plea bargains
• Ability to understand complex technical evidence and challenge it effectively
• Respect within the local legal community and good relationships with prosecutors

Be sure to ask any lawyer you are considering about their specific experience with computer crime cases similar to yours. This ensures you get counsel tailored to the particular charges you are facing.

You can locate lawyers with specialized computer crimes experience through:

• State bar association lawyer referral services – many state bars allow you to search for lawyers by practice area
• American Bar Association sections – the ABA Criminal Justice Section includes lawyers focused on cybercrime issues
• Online directories like Martindale-Hubbell and Lawyers.com
• Recommendations from trusted friends, family members or colleagues who have used a computer crimes lawyer before

Be prepared to ask any potential attorney about their specific qualifications, experience and strategy for defending you. Protecting your future requires finding the best legal advocate you can afford.

What Happens After You Hire a Lawyer?

Once you retain legal counsel, your lawyer will start building the strongest case possible on your behalf. Here are some key things they will likely do:

• Review the charges and evidence against you in depth
• Research the relevant laws and how similar cases have been handled
• Develop an overall legal strategy focused on getting charges dropped or reduced
• File motions to get damaging evidence thrown out if it was obtained improperly
• Interview witnesses who can support your defense
• Work with computer forensics experts to analyze technical evidence
• Negotiate with the prosecutor to get charges dismissed or plead to a lesser charge
• Thoroughly prepare for trial if a plea deal can’t be reached
• Keep you informed and involved in all major case decisions

An experienced computer crimes lawyer will handle all aspects of building your defense and negotiating with the prosecution. With an attorney fighting for you, the legal process becomes much less intimidating.