This is the next article in my series on the handling of charges brought by the U.S. government in our part of the state. My last article discussed handling federal sex trafficking cases in Illinois. It is important to understand the serious nature with which U.S. attorneys take such charges and the issues which may arise when defending such a case. Retaining an experienced attorney is a crucial step towards protecting one’s rights. In this article, I will be discussing the handling of matters that involve computer or “cyber” crimes. If you have been charged in Peoria or Urbana then contact my office today to speak with a federal criminal defense lawyer.
Federal computer crimes often hinge on search and seizure issues as well as the admissibility of evidence
The terms “computer crime” and “cyber crime” can involve a wide range of conduct. This may involve unauthorized access to government systems, using the internet or email to steal identities, “hacking” into online accounts of other individuals, distributing illegal material online, and more. The penalties for these offenses are often low level felonies which can result in prison sentences of up to a few years, while other offenses may result in terms of incarceration equaling thirty years or more. When the Department of Justice is bringing charges in such matters, it is common for them to “stack” charges. By this I mean that, for example, illegally accessing a system on five separate occasions can result in five separate charges. How any matter will be charged, however, is always going to depend on the specifics of the case.
A key issue in any computer-related offense is whether law enforcement violated the Fourth Amendment in order to obtain evidence. It is rare that the police will be able to search the contents of a computer, a smart phone, or online accounts without first obtaining a search warrant. Moreover, taking physical possession of a device may well require a warrant, depending on the circumstances. To obtain a warrant, a Judge must first find that there is probable cause of criminal activity. If a device is seized, or information is improperly maintained, then it may be possible to have such items and information excluded from evidence. Depending on the nature of the charges, such an exclusion may result in the case being dismissed.
Consider the following example. Joe works in the IT department for a company. Management believes he is using company computers to illegally send out phishing emails to the company’s customers so that he can steal personal information. Management contacts the FBI, who visits the office and questions Joe. With company permission, they comb Joe’s work computer and company emails but no evidence of wrongdoing is found. The officers insist on searching Joe’s personal cell phone and he objects. He is told that he will be arrested if he does not allow them to search the phone. While no evidence of wrongdoing is found in relation to company information, accounts, or customers, the FBI does find evidence of other cybercrimes that Joe is conducting through his personal email, on his own time, outside of work. Joe is arrested and charged. Under this scenario, the police likely needed a warrant to search Joe’s personal cell phone. Depending on more information, it may be possible to have any evidence of wrongdoing excluded from the Court’s proceedings.
Contact a federal defense attorney immediately if you face cyber or computer charges in Illinois
If you or a family member have been charged by the U.S. government then it is vital that you retain a lawyer who can assist you. As I have explained previously, not all attorneys are licensed to practice in Federal Court and even fewer do so on a regular basis. I am a Peoria federal defense attorney who has devoted much of his career to protecting the rights of the accused. I understand the serious nature of such charges and will give your matter the attention it deserves. Contact us online or by telephone to schedule an initial consultation. I also handle matters in Urbana.