Criminal Law and Technology: Cybercrime, Digital Evidence, and More
We live in a hyper-connected world. In 2023, not only is your cell phone connected to the internet, but it’s also possible that your fridge, washing machine, and car are. You may talk to an internet-connected virtual assistant like Alexa on a daily basis in order to turn on your lights or get the weather. This connectivity provides for easier and faster communication than ever before – but it also has resulted in the creation of new forms of crime.
If you have been charged with cybercrime, it is in your best interest to contact a criminal defense attorney right away. In many cases, cybercrime allegations are based on completely legal conduct or on illegally obtained evidence. To discuss your legal options, call us today to speak with a criminal defense lawyer in Cumming.
Cybercrime
Technology has created a completely new category of crime – cybercrime. Broadly speaking, cybercrime is any crime committed primarily through the use of an internet-connected device. Some common examples of crimes that would likely fall under the category of cybercrime include:
- The possession and distribution of child pornography
- Certain forms of identity theft
- Fraud
- Cyberstalking
- Money laundering
- Online drug trafficking
- Cyber extortion
These are just a few examples of online conduct that could lead to criminal charges, and the list of cybercrimes will undoubtedly continue to grow as we become more and more connected.
Digital Evidence
Technology has also created a completely new form of evidence in criminal cases – digital evidence. For example, prosecutors may introduce text messages or social media posts in an attempt to establish a motive or a criminal defendant’s state of mind during a particular incident. Similarly, digital breadcrumbs like internet search histories could be used to try to show intent in a child pornography case.
Criminal Defense in the Digital Age
From a criminal defense perspective, technology has raised interesting issues and questions that courts are still trying to resolve. In some cases, prosecutors may try to use an existing statute to criminalize online conduct that is not within the scope of the law. When this occurs, a skilled criminal defense lawyer may be able to have criminal charges dismissed.
Another area that has proved problematic for courts is the digital contents of physical items, such as smartphones. At one point, the evidence the police collected of a person was limited to the physical items on their person. But what about the digital contents of those items? For example, if the police confiscate your cell phone during an arrest, do the police have the right to read your text messages? If your phone is locked, can they use your face to unlock it while you are in custody? Different courts have ruled on these issues in various ways, and the law is constantly evolving.
Call Us Today to Speak with a Cumming, GA Criminal Defense Lawyer
If you have been accused of a crime involving digital evidence, it’s in your best interest to contact an attorney right away. We have been representing the rights of criminal defendants for more than 30 years and have what it takes to resolve your case as favorably as possible. To schedule your free case evaluation, call our office or contact us online.