When someone is facing a cybercrime charge in DC, they should know what to expect from the case, and what to expect from their attorney. An experienced DC federal cybercrime lawyer will know what questions to ask, what mistakes to avoid, and what approach to take, in order to build a strong defense for their client.
Cybercrime cases are a relatively recent development and there are a lot of cutting edge cases to litigate. The success of these cases is directly related to hard work on the part of the attorney. These cases should be taken on with the assistance of an attorney who works very hard and has the experience, technical knowledge, and passion to help get these cases successfully resolved.
The forensic aspects of cybercrime cases can be challenging in the sense that it is always a challenge to try to evaluate technical issues related to computer technology. Not everyone on the jury is going to understand those things. It is a challenge to make the technical aspects understandable to a jury in a way that helps the client.
The biggest mistake people make when facing cybercrime charges is to speak to law enforcement or try to talk their way out of it. If someone is being investigated for a cybercrime and law enforcement shows up at their door, they believe that person did it. If they are executing a search warrant, they have got a piece of paper that a judge has signed that says there is probable cause at least, that the person did it. That person is not talking their way out of that, and attempting to do so is a big mistake.
Someone should contact an attorney as soon as they have an inkling that they are being investigated for a cybercrime case. If they get the slightest indication that they are under investigation, that should be a clue to call an attorney. By doing so, the attorney can act as a buffer between their client and law enforcement to make sure that they don’t make any mistakes to law enforcement that could incriminate them. Even if they are giving an innocent explanation for something, that can still be used against them down the road. A person is far better off simply staying quiet, if they are the subject of an investigation.
The other situation when people commonly make a mistake is when a government agent shows up at a person’s home and doesn’t have a search warrant, but still asks for permission to come in to the house to take a look around. The answer in these situations should be a polite “no.” The first question to ask should be if they have a search warrant, and if they do not then they should be politely denied entry into the home. Allowing unnecessary searches, without a warrant, is another big mistake people make.
An experienced of working cybercrime attorney understands the issues involved in the case. A lawyer will understand the forensic issues as well as the basic investigative and legal issues that arise with these cases. An attorney who works hard, and is always learning, can be a great benefit in these cases.
It is very important to understand what evidence the government is focused on and what the area of focus is. An attorney should also get an extensive background about their client and understand their level of knowledge of computers and information technology. One potential defense is that the client does not have the skill to have performed a particular cybercrime. There is also a potential motive defense in that if the person has no motive to engage in this type of activity.
An attorney will also determine if there is evidence that the client actually benefited at all from the penetration. That is something that can be used to expose a weak government case or establish what the case is about.
An attorney will usually ask questions to establish the client’s level of proficiency with computers and with issues related to cyber technology. Once they understand the focus of the government’s case, they will usually direct their questions towards those areas so that they can understand where the client is coming from on those issues. A lawyer will get information about possible witnesses and other information that they might use to corroborate, help establish a defense, or to raise reasonable doubt.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
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