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What Does the Law Say About Cybercrime?


The criminal justice system is constantly evolving, not only as a reflection of changing societal views, but also as a response to new crimes. Among newer criminal laws, few are as complex and challenging as cybercrime, which can include a range of distinct criminal offenses committed using a computer. Some of the most commonly prosecuted state and federal cybercrimes include:

Cybercrimes can vary widely, and may involve crimes either directed at computers or technological devices, such as hacking, or crimes that use computers or devices as a part of facilitating the offense, such as scams, fraud, and distribution of prohibited materials like child pornography. Because cybercrime often involves the transmission of data across state lines, they are commonly prosecuted as federal crimes.

Because cybercrimes have become increasingly prevalent, both Texas and the federal government devote extensive resources to policing the internet and arresting and prosecuting alleged offenders. This includes the introduction of specialized task force units that focus solely on internet and computer crimes. In many cases, these crimes pose significant, life-altering penalties. In the case of child pornography for example, federal sentencing guidelines and mandatory minimums can subject a defendant to years in prison.

Due to the complex nature of these offenses, specialized and resourceful task forces, increasingly aggressive approaches to law enforcement, and the serious penalties at stake, cybercrimes demand the attention of skilled criminal defense attorneys who have experience in handling and understanding the unique issues they pose, as well as the unique laws and legal strategies that encompass these offenses.

When creating defense strategies for cybercrime allegations, it becomes essential to understand not only the legal definitions of these crimes – which generally means the use or targeting of a computer for criminal purposes – but also how legal procedures, investigative measures, and protocol apply to these cases. If you watch the news, you may be aware of stories regarding new concerns about digital data and how and when a government can obtain these pieces of information. The concepts of probable cause, unlawful search and seizure, and other Constitutional protections for suspects and defendants still reign supreme, but they can take on a new and complex form when applied to the internet, computers, and digital data.

At The Law Offices of Jed Silverman, our legal team has the resources and insight needed to effectively advocate for clients charged with cybercrimes. While defense strategies may have similarities to those in any criminal case – such as ensuring that law enforcement conducted investigations and searches in accordance to the law – they can quickly introduce novel concepts, including proving who actually committed a crime. An effective defense also requires a technical knowledge of how computers and the internet function, and how the government says they function for purposes of committing crime. As with any criminal charge, cybercrimes are unique to the specific circumstances surrounding an offense and the alleged offender.

If you or your loved one is currently under investigation or have been charged for a cybercrime, including either state or federal crimes, our firm is prepared to review your case free of charge and fight aggressively on your behalf. Attorney Jed Silverman is one of just 10% of attorneys in Texas to be distinguished as a Board Certified Criminal Law Specialist by the Texas Board of Legal Specialization, and he possesses the expertise required to handle these difficult cases.

To discuss your case personally with an attorney, learn more about your rights, and discover what our firm can do to defend against the allegations and penalties you face, contact us for a free consultation.

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