Internet or cyber crimes may threaten a person or national security. Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking, copyright infringement, sextortion, child pornography, and child grooming. There are also problems of privacy when confidential information is intercepted or disclosed, lawfully or otherwise. Internationally, cyber crimes may include espionage, financial theft, and other cross-border crimes.
Some crimes that use computer networks or devices include:
- Fraud and identity theft
- Phishing scams
- Online harassment and revenge porn.
Harassment is typically different than cyberbullying in that harassment usually relates to a person’s use of a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language. Cyberbullying usually does 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 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 Are the Most Common Internet or Cyber Crimes?
Some of the most common internet and cybercrimes include:
- Bankruptcy fraud
- Credit card fraud
- Tax fraud
- Telemarketing fraud
- Securities fraud
- Insider trading
- Internet fraud
- Identity theft
Defending an internet or cybercrime charge can be complex. Often, law enforcement officers obtain evidence illegally. For example, sometimes the police illegally obtain computers, tablets, cellphones, statements, recordings, and other evidence. Internet and cybercrime cases are complicated and require an attorney with trial experience who is familiar with pre-trial motion practices.
What Are Pre-trial Motions?
An experienced criminal defense attorney may file motions to suppress evidence illegally obtained. For example, it the police search your home without a search warrant the search may be improper. The case may be dismissed based on a motion to suppress evidence after an improper search without a warrant.
Also, an experienced criminal defense lawyer can file motions to dismiss the charges when the prosecution does not have sufficient evidence to convict. For example, the state cannot prove that a crime has been committed or that you committed the crime, the case may be dismissed for insufficient evidence. There are other defenses in internet and cybercrime cases including entrapment and actual innocence. An experienced criminal defense lawyer can help you determine the best defense.
Should I Contact a Criminal Defense Attorney?
If you or a loved one have been arrested for internet or cybercrime it is important to speak with an experienced criminal defense lawyer. An internet or cybercrime conviction may make it difficult to get a job or obtain a professional license, and may also result in a long prison sentence.
Why Fernandez & Hernandez?
Internet and cyber crimes often involve state and federal violations. The criminal defense attorneys at Fernandez & Hernandez have the state and federal experience necessary to deal with and resolve the allegations. Additionally, if you are being investigated for internet or cybercrime you may want an attorney that has state and federal experience with you during questioning.
The attorneys at Fernandez & Hernandez are bilingual and will provide a free and confidential consultation so that you can discuss the internet or cybercrime charges. Our firm has represented clients in this situation. Many of these proceedings have resulted in favorable resolutions. The criminal defense attorneys at Fernandez & Hernandez 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 lack of evidence or illegal activity by the police. We can help you challenge the credibility of a confidential informant or the police.
If you or someone you know has been arrested for internet or cybercrime in the Tampa Bay area and needs help, Fernandez & Hernandez will guide you through the process. Fernandez & Hernandez can assist you in getting the outcome you deserve. Internet and cybercrime cases can be complex. Fernandez & Hernandez may be able to help you find a solution.
Criminal defense attorney Daniel J. Fernandez has experience with internet and cybercrime cases and will work vigorously to get your situation resolved. Attorney Daniel J. Fernandez can help guide you through the process.
If you need legal assistance with an internet or cybercrime charge call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353.