How to Defend Against Cyber Crime Charges
Cyber crime is a very broad term. It can include any crime that used or targeted computers or networks. Because of this wide definition, it can be relatively difficult to defend against charges relating to cyber crime. Online gambling, identity theft, hacking, fraud and cyber stalking are all examples of cyber crimes.
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Instructions
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Hire a lawyer with experience relevant to your specific situation. Because of the serious nature of many of these crimes, you will need assistance in navigating the legal complexities.
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Make it known who else had access to your computer and perhaps could have committed crimes through your machine. You can defend against charges by demonstrating reasonable doubt.
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Ask your attorney to consult with a digital forensics expert. Such an expert can provide evidence in a court case regarding whether your computer was used in a crime. She will need to examine your computer closely.
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Do not attempt to destroy or get ride of your computer. Evidence can still be obtained from a computer that may have been partially destroyed and you can face additional charges.
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Don't panic if there appears to be digital documentation of a crime. Understand that many types of digital documentation are not valid as evidence in a court of law because they are so easy to alter. This can limit what the prosecution can use as proof.
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Tips & Warnings
You may have to defend against charges of a cyber crime if you are accused of a less technical crime but may have used a computer in the process.
With the exception of child pornography, most cyber crime charges relating to obscene material can be countered by referencing the First Amendment and its guarantee of freedom of speech.
Laws covering cyber crimes can vary widely among countries, especially where the Internet is closely controlled.
Individuals who face criminal charges involving computers often face civil charges as well, especially if the crime has interfered with commerce.
Malicious individuals have been known to place evidence of wrongdoing on others' computers, and can continue to do so as long as the computers in question are connected to the Internet.
The only absolute defense against computer crime charges is proof that you had no access to a computer.
A person can be prosecuted for actions taken on websites based in other countries, even if his actions are legal in that country, as long as the individual was physically located within the US at the time.
