Being charged or arrested in connection with computer fraud can be very worrying and stressful. It’s likely to make you feel frightened about what the outcome of a court case will be if it ends in a conviction. Could you receive a prison sentence for your role in a computer fraud case?
Being found guilty will mean that you will be convicted and imprisoned. An outcome of this nature will prevent you from being able to gain an income to pay your mortgage or outgoings required to house, support and provide for your dependents.
Understandably, this would leave you feeling deeply concerned about what the result of any computer fraud court case might be. The next best step you can take to feel much better and to give yourself some protection is to contact a competent computer fraud solicitor and ask them to advise you. It might be possible for them to prevent your case from progressing to court. The sooner they get started on crafting you a robust defence strategy, the more likely you’ll get an improved outcome.
Have you been arrested or charged with computer fraud?
The primary advantage of engaging an experienced computer fraud lawyer is that you’ll have direct access to legal guidance and support from somebody who understands the technical side of computer fraud. Assessing what your position is means you can take the first steps to ensure the best possible outcome. A competent computer fraud solicitor can examine your case for inconsistencies, which may even lead to a dismissal of your case. They have the power to ask to view all evidence from your prosecutor. They also have the knowledge and experience to craft a robust defence strategy for you.
You’ll immediately feel a sense of relief once you have a competent and experienced cybercrime solicitor on your side and by your side.
You should not attend a police station interview without taking a lawyer with you. To do so could put you in danger of providing the police with more evidence that could be used against you in their pursuit of gaining a conviction.
On this page, we have listed some questions that our clients typically ask. If you have a question but you cannot find it here, then feel free to contact us for a no-obligation chat, and we will do our best to help. We aim to provide you with the legal guidance and support that you need.
What type of actions are considered computer fraud?
There are over 30 or more different types of computer frauds. They range from identity fraud to account takeovers to loan scams, romance scams and vehicle matching scams.
Others are inheritance fraud, internet auction fraud, bank card fraud and click fraud.
Over the past few years, much has changed when it comes to cybercrime and the use of technology for committing criminal activity. It’s now a legal area that is sophisticated and full of rules and regulations that are highly regulated.
What happens in a computer fraud investigation?
When an investigation into a computer fraud event takes place, there will typically be a forensic investigation to find evidence to build a case for conviction.
You are likely to be invited to the police station for an initial interview. Under no circumstances should you attend this interview without taking a legal professional with you. You should not have any communication with the police without seeking the advice of a lawyer.
This is a time that will be very worrying for you. The primary question that will be in your mind is whether you’re going to be imprisoned. Your dependents will be a big concern with regards to whether you will be able to continue to provide for them, house them and provide the finances that they need during the time you’re imprisoned.
There are many reasons why it’s critical that you take legal counsel as early as you can in your computer fraud case. Although each case is unique, a good cybercrime lawyer will have experience and legal knowledge to ensure that you get the best outcome for both you and your family.
In situations like this, the better the lawyer, the better the outcome. If you hire a good lawyer, there’s a chance that they can even get the case dismissed before it reaches the court.
You may have been falsely accused of computer fraud
In some instances, our clients have false accusations against them of being involved in computer fraud. When we study the evidence collected by the prosecutor, we can see where an error has been made and that our client has nothing to do with the case.
If you find yourself in this type of situation, it should be possible to get your case dismissed before it progresses to the stage of going to court. However, it’s essential that you engage a cybercrime lawyer who has the experience and knowledge of cases of this nature.
Instruct a legal professional as soon as possible
By moving fast, you may be able to put yourself and your dependents into an improved position. The lawyer who has time to build a robust defence strategy will normally get a better outcome than those who don’t have time. Whether you are a computer programmer, who has unintentionally hacked into a computer or developed software that has inadvertently created a system that looks like computer fraud, get in touch with a good computer fraud lawyer.
What should you do if you get arrested or charged with computer fraud?
The legal area that encompasses computer fraud and the use of technology to conduct criminal activity can be complicated, and it is something that can change regularly. Although it’s not compulsory for you to take legal representation, we recommend that you do so.
A computer hacking investigation is a type of a formal criminal investigation. It’s vital that you engage a solicitor to guide you and to protect your interests. If you reach the point of conviction, you will likely have some financial costs and damages to pay, and you may be handed a stiff prison sentence.
Can the police search my home?
The police can search your home as they will be seeking evidence. The authorities (typically a judge or a magistrate) will have granted access to your property, and the police will carry through the search as law enforcement officers. The search warrant will extend to cover your digital devices including your computer, smartphones and tablets in addition to any other data container such as an external hard drive or USB memory sticks.
Could you go to prison for computer fraud?
Committing computer fraud is a severe offence, but it does not result in a prison sentence every time. By taking the right steps, many cases are resolved outside of the court system.
If you have dependents, you will need to take into account how this may affect them. They may not have another income, and it may also affect their general wellbeing to know that somebody whom they love and admire has been imprisoned for an offence.
We recommend that you take on the services of an experienced and competent computer fraud solicitor as soon as possible. Hiring specialist legal knowledge will give you peace of mind.
What type of sentence could you get for computer fraud?
Depending on what you are convicted of, the sentence could be as much as five years’ imprisonment coupled with a substantial fine. Read more information about sentencing for Computer Fraud
What mitigating factors may be considered in sentencing?
When sentencing for computer fraud and other cybercrimes, judges typically look at cases for whether what took place was part of a group activity that is making a significant amount of money or something you have done just for yourself or with a couple of friends.
Your previous character and convictions, together with your age and personal circumstances will also be of important consideration to the judge.
Does a conviction for computer fraud go on your criminal record?
If your computer fraud case progresses to court and you are convicted, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the type and the length of the sentence imposed.
How Can Stuart Miller Solicitors Help?
Our cybercrime team keep current with changes and review the changes that take place. You will have access to a knowledgeable legal professional who has access to the most current information. You will be provided with the best defence and advice. Throughout the entire process, you will be supported by lawyers who can get you the best outcome. Our team have the legal experience, technical know-how and tactical expertise.
Our highly respected cybercrime lawyers and computer fraud solicitors are uniquely knowledgeable with computers, have experience of hardware and software manipulation and understand the use of malware in executing automated computer attacks. The cybercrime lawyers will work alongside you to develop the best strategy, extract the most critical defence evidence and challenge the prosecution’s case, without compromise.
Stuart Miller Solicitors’ expert fraud solicitors and cybercrime solicitors are at the forefront of defending computer fraud cases. Not only do we have real experience and tactical abilities to challenge the prosecution in these cases; we have a proven track record of success in defending fraud cases.
We understand and have the skills to deal with cases involving ‘Nigerian email schemes’, ‘phishing emails’ and ‘work at home schemes’. We are also familiar with the creation, adaptation and implementation of malware attacks to control other people’s computers and obtain data using automated programmes.
Crucially, we have the expertise to handle large volumes of evidence and to ensure every piece of data is scrutinised to yield evidence which may strengthen your defence.
When to seek help?
Whether your case involves automated malware attacks, sending phishing emails, holding stolen data, selling stolen data or the use of stolen data; it is crucial that you seek very early advice to be prepared for the investigators’ questioning and prosecution tactics.
The prosecution must prove beyond any reasonable doubt that it was you sitting behind the computer involved in the commission of the crime. With the specialist fraud solicitors at our firm, you can seek assurance in the fact that we will do everything possible to ensure weaknesses and doubts are highlighted in the prosecution case and your chances of winning are at their best at all times.
Our cybercrime lawyers have access to some of the best barristers and QC’s in the UK. We can engage the most suitable barrister to stand side by side with your solicitor to create an exceptional defence team. We will arrange an early meeting for you to discuss your case and the different strategies available with your solicitor and barrister.
We are proud of our dedication to win our cases and to achieve results. We adopt a pro-active approach to defending cases and believe in collecting supporting defence material early on, to be able to set a firm strategy for the defence case.
How to book a free consultation with our computer fraud solicitors
If you wish to discuss your case, we will offer you a free consultation. Please contact us and ask to speak to our computer fraud solicitors or our cybercrime lawyers to arrange a meeting, whether face to face, online or by telephone
Would you like to discuss your case before instructing us?
If you’d like to have a no-obligation chat with us before you instruct us to take your case, then call us today.
In addition to providing you with a free consultation, we can also represent you at the police station if you’ve been arrested. We can look at securing your legal aid.
Please contact us for a face to face meeting or a telephone call. There is a WhatsApp link on this page if that is your preference.