With the prevalence of new technology and mobile devices, cybercrimes have become increasingly common. Despite this commonality, however, penalties can be serious and include significant jail sentences. With this in mind, the following is what you should know about building a defense for federal cybercrime charges and what constitutional issues could potentially come into play. For assistance with your case, consult with a seasoned federal cybercrime lawyer today. A Virginia lawyer with experience building a defense for federal cybercrime cases could help you.
What a Virginia Defense Attorney Looks For In A Cybercrime Case
The first thing an attorney will look for when building a federal cybercrime defense is the evidence that the government has and whether it amounts to enough evidence to convict the client. Once the evidence is accounted for the next step is determining what defenses might be available. For example, are there search and seizure violations that might have happened or any other constitutional rights that may have been violated during the investigation.
Ultimately, however, the most important aspect in cybercrime cases will be what is on the computer. As a result, the defense will use a computer expert to help us understand what all the evidence really means and what the government can actually prove to a jury. A strong defense in cybercrime cases often comes from an expert who can help refute the government’s theory of the case or help reduce the impact of the evidence they claim to have, including different interpretations of what the evidence means.
In many of these cases, the prosecutor can prove that evidence found on a person’s computer can be attributed to the person who owns that computer. In those cases, an expert witness is vital to help establish for the jury the questionable nature of the ties the government is trying to create between that evidence and the person on trial.
Potential Defenses For Federal Cybercrime Charges
Cybercrime cases depend upon what is on the computer and whether or not prosecutors can prove the person knew it was on there. Almost nothing on the Internet is 100% secure and safe and if someone is really interested in getting into your computer, they will get into your computer. Information on your computer might be there because of something someone else did, or because someone might have used your computer to mirror their own activity. There are cases where a person had no idea something illegal was being done on their computer, and by using the right expert, the defense is able to prove the genesis of that illegal activity came from a remote location.
Constitutional Issues in Virginia Cybercrime Cases
When building a defense for federal cybercrime cases, it is essential to look for any constitutional issues. The primary constitutional issue that arises in cybercrime cases is Fourth Amendment issues, such as:
- Did the government have a warrant before they seized this property that they investigated?
- If so, was the warrant properly obtained?
- If so, was that warrant properly executed?
The Fourth Amendment says you have the right to be free from unreasonable searches and seizures. The government also has rules with which they must comply because if they do not, anything they seized as a result of violating those rules will be inadmissible in court.
Other Constitutional Issues
Another constitutional issue that comes up very often is the Fifth Amendment right against self-incrimination. If a person is being investigated for a crime and is taken into custody and interrogated, that person has a right to be advised of their Miranda rights to remain silent and have an attorney present during questioning.
If a person makes incriminating statements pursuant to a custodial interrogation and they were not properly advised about waiving their rights under the Fifth Amendment, then any statements made pursuant to custodial interrogation without the benefit of a Fifth Amendment waiver is inadmissible as well.
A Virginia Attorney Could Help with Building a Defense for a Federal Cybercrime Case
If you are facing allegations of committing a cybercrime offense, you might be looking at severe penalties such as jail time. This is why you should contact a dedicated Virginia lawyer who could help with building a defense for federal cybercrime cases. Let our attorneys fight for you.
