Cybercrime charges are no laughing matter, so do not think you can avoid conviction without a strong defense strategy and an experienced defense attorney.
When defending you against cybercrime charges in New Jersey, our lawyers may challenge the digital forensics or argue that you had proper authorization or lacked intent. If digital evidence was obtained illegally, we can move to exclude it so it doesn’t hurt you. Whether we launch an affirmative or standard defense depends on the specifics of your case and what you might know about the charges.
Discuss your case for free with our Atlantic City, NJ internet crime defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
How Can You Defend Cybercrime Charges in New Jersey?
To defend yourself against any cybercrime charges in New Jersey, you need a lawyer.
Challenge Digital Forensics
We can challenge the admissibility of digital forensics or bring in our own experts to explain digital forensics and IP address tracking to the jury and present alternative explanations.
Authorization
To prove computer criminal activity, the prosecution must prove that the defendant lacked authorization or acted in excess of authorization, meaning they went further than what they were permitted to do. Our New Jersey internet crime defense attorneys may argue that you had authorization to access certain data.
Lack of Intent
A defendant must have knowingly accessed, altered, or stolen data. If the prosecution cannot prove intent, you should avoid conviction.
Illegal Search and Seizure
If police illegally seize a computer or other electronic devices during an illegal search, our lawyers can file pre-trial motions to exclude those devices and any information on them from your lawsuit.
Someone Else Used Your Computer
Our attorneys may also argue that someone else had access to and could have used your computer or other devices to commit cybercrime offenses, such as a roommate or family member who had access to your room and belongings.
Police Entrapment
Entrapment occurs when law enforcement induces someone who would not normally have committed a crime to commit a computer crime. Entrapment isn’t the most common defense strategy to use against cybercrime charges, but it may be prudent in certain cases.
What Is an Affirmative Defense for Cybercrime Charges?
An affirmative defense is when the defendant doesn’t deny that the offense took place, but they provide an explanation that justifies it. Common examples of affirmative defenses include entrapment and lack of intent.
What Is a Standard Defense for Cybercrime Charges?
With a standard defense against cybercrime charges, the defendant denies any wrongdoing or connection to the offense, so there is no need to provide an excuse or prove anything like with affirmative defenses.
Do You Need a Lawyer to Defend You Against Cybercrime Charges?
You absolutely need a lawyer to defend you against cybercrime offenses, which can be charged as serious felonies in New Jersey.
What Are Common Cybercrime Charges in New Jersey?
Computer criminal activity and cyber-harassment are among the most commonly prosecuted cybercrimes in New Jersey. Computer criminal activity involves knowingly accessing protected data without authorization, among other acts, while cyber-harassment is harassment over the internet, social media, or any digital device.
Other cybercrimes include disruption of service, unlawful duplication, distribution of computer viruses, and engaging with child sexual abuse material.
Strategies for Avoiding Cybercrime Charges
Even if you are arrested for a cybercrime, that doesn’t guarantee the prosecution will file and pursue charges, especially if our lawyers can provide clarifying information or an alternative explanation that satisfies law enforcement.
How Can You Help Your Defense Against Cybercrime Charges in New Jersey?
You can do a lot to help your case while our lawyers build a strong defense against cybercrime charges in New Jersey.
Don’t Talk to the Police
Help your defense against cybercrime charges in New Jersey by not speaking to the police after you are arrested, other than to say you want to exercise your right to remain silent and to have an attorney. Otherwise, you might say something incriminating.
Get a Lawyer Immediately
Do not wait to ask for a lawyer if you are arrested for cybercrimes. Our lawyers can explain the reason for your arrest and the potential charges you might face and can stop you from making any incriminating statements to law enforcement.
Follow Bail Conditions
You may be released on bail while awaiting trial for cybercrime charges. We can explain all the conditions of your bail so you know exactly what the terms of your release are and don’t violate them, which could land you back in jail for the rest of your trial.
How Do You Find the Right Defense Strategy for Cybercrime Charges?
To find the right defense strategy for cybercrime charges, our lawyers will talk with you about what you know about the charges and determine whether to pursue an affirmative or standard defense.
What if You Use the Wrong Defense Strategy for Cybercrime Charges?
If you use the wrong defense strategy for cybercrime charges, you could be convicted and go to prison.
What if You Can’t Defend Yourself Against Cybercrime Charges?
If you don’t have a viable defense against cybercrime charges, our lawyers may negotiate a favorable plea deal that reduces the charges and involves lesser consequences.
Do You Need a Lawyer to Get a Plea Deal for Cybercrime Charges?
If you are considering accepting a plea deal for cybercrime charges to avoid prison, you still need a lawyer’s help. If you don’t have an attorney to act with your best interests in mind, you might accept a plea that doesn’t actually benefit you much. The judge still has sentencing discretion with plea deals, so keep that in mind.
Contact Us Today About Your Cybercrime Charges in New Jersey
Discuss your case for free with our Cape May, NJ internet crime defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
