Computer, Internet and Cyber Crimes

National Security and Privacy Issues

Internet or cybercrime may threaten a person or national security. Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking, copyright infringement, unwarranted mass-surveillance, sextortion, child pornography, and child grooming. There are also problems of privacy when confidential information is intercepted or disclosed, lawfully or otherwise. Internationally, cybercrimes may include espionage, financial theft, and other cross-border crimes.

Some crimes that use computer networks or devices to advance other ends include:

• Fraud and identity theft
• Phishing scams
• Spam
• Online harassment and revenge porn

Harassment Versus Cyber Bullying

Harassment is typically distinct from cyberbullying in that the former usually relates to a person’s use of a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, while the latter need not involve anything of a sexual nature.

Although freedom of speech is protected by the First Amendment, it does not include all types of speech. Spoken or written ‘true threat’ speech/text is criminalized because of ‘intent to harm or intimidate’. The US Supreme Court’s definition of ‘true threat’ is ‘statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group’.

What Laws Can Internet Crimes Violate?

An internet or cybercrime conviction may make it difficult to obtain gainful employment and certain professional licenses. Internet and cyber crimes often involve state and federal violations. The criminal defense attorneys at Fernandez & have the state and federal experience necessary to deal with and resolve the allegations. Additionally, if you are being investigated for a computer, internet, or cybercrime you may want an attorney with state and federal experience with you during questioning.

What Are My Options With a Cyber Crime or Internet Crime Charge?

If you have been arrested for internet or cyber-criminal offense, the criminal defense attorneys at Fernandez & may be able to help you find a solution that doesn’t involve heavy fines or jail time and avoids a conviction. Some options are:

• Pretrial diversion – available to first-time, non-violent offenders; the charges are dropped when pretrial diversion is completed;
• Pretrial intervention – available in certain instances to people who don’t qualify for pretrial diversion, because of priors;
• Motion to suppress – if evidence was obtained in an illegal manner the evidence may be suppressed and the case may be dismissed;
• Motion to dismiss – if the prosecution cannot prove guilt based on the facts and the law the case may be dismissed;
• Plea – Minimal probation or other plea deals may suit certain clients who wish to resolve the case without the risk of a trial that could include jail time; and
• Trial – Many clients are not guilty of the charges that are brought against them and may prevail at trial.

What Type of Actions Are Considered Internet or Cyber Crimes?

Internet and cybercrime cases are complex and require an attorney with trial experience who is familiar with pre-trial motion practices. The criminal defense attorneys at Fernandez & represent individuals charged with a wide variety of charges, including:

• Bankruptcy fraud
• Credit card fraud
• Tax fraud
• Telemarketing fraud
• Embezzling
• Securities fraud
• Insider trading
• Internet fraud
• Phishing
• Identity theft

Who Do I Call?

If you have been arrested for internet or cybercrime in the Tampa Bay area contact an experienced criminal defense lawyer to discuss your case. The criminal defense attorneys at Fernandez & represent individuals charged with internet and cybercrime offenses.

The internet and cybercrime criminal defense attorneys at Fernandez & can help you understand all of your options. We can help you decide whether to file a motion to suppress evidence or a motion to dismiss based on a lack of evidence or illegal activity of the part of law enforcement. We can help you challenge the credibility of a confidential informant or the police.

The Fernandez & law office is designed to swiftly resolve any difficulties that you may face. Our attorneys continue to strive upon improving and bettering the situations of our clients. Contact partner Daniel J. Fernandez or Martin today so we can fight for you and protect your rights. Call (813) 229-5353.