This is the next article in my series on defending against criminal charges in the Central District of Illinois. My last article discussed handling federal money laundering charges. Such charges are typically stacked on top of other allegations, meaning that the defendant may face extensive prison time. Retaining an experienced attorney is a crucial step towards protecting one’s rights. In this article, I will be discussing the handling of charges involving computers or other “cyber” offenses. If you or a loved one are in need of assistance then contact my office today to speak with a criminal defense lawyer. My firm is able to handle cases in Peoria and Urbana.
There is a wide range of conduct which can be grouped under the category of “cyber crime” and which may be charged by the Department of Justice. Examples of such offenses can include:
- “Phishing” for information such as credit card data, bank account credentials, and more
- Using online tactics to steal personal identifying information such as Social Security numbers
- Data theft such as the taking of intellectual property, proprietary company information, and more
- Using coordinated online efforts to harass or intimidate individuals
- Intentionally causing damage to a company’s systems. This damage can include DDOS attacks, ransomware attacks, and more
The severity of the charges will depend on the frequency and scope of the conduct. It is important to note that a defendant can face a separate count for each individual act. This means, for example, that if a defendant sends out one hundred phishing emails, then they may face one hundred separate criminal counts.
As with any other criminal charge, the prosecution must prove beyond a reasonable doubt that the defendant actually committed the acts. This means, for example, that in a case involving false email solicitations, the Department of Justice will need to prove that the Defendant actually sent the emails. In some instances, this could be established by simply showing an IP address. In many situations, however, expert witnesses will be necessary in order to show how data has been sent to various segments of the internet. The defense would have the opportunity to retain its own experts to counter any points made by the prosecution. Given that cyber crime cases often involve advanced technical concepts, and complicated fact patterns, the use of expert witnesses is often necessary. If the prosecution cannot prove, beyond a reasonable doubt, that the defendant committed the acts then the matter would end in an acquittal.
In addition to the prosecution being required to prove the case, they must also rely on evidence which was properly obtained. If information is obtained from a computer or a smart phone in a way which violates the Fourth Amendment, then it may be possible to exclude such information from Court proceedings. Depending on the nature of the charges, as well as other evidence in the case, such an exclusion can result in a dismissal. Even if a dismissal is not possible, the presence of search and seizure issues can result in the prosecution making a more favorable offer to the defense.
How to best defend against computer-related criminal charges will always depend on the specifics of the situation. No two matters are the same and it is important to retain an attorney who is experienced in handling such matters. This experience should include dealing with expert witnesses and being able to break down complex concepts for the jury. I am a former prosecutor and a federal defense lawyer who has devoted much of his career to protecting the accused. If you have been charged with a computer related crime in the Central District of Illinois, then contact my office today to schedule an appointment. I am able to handle cases in both Peoria and Urbana.