In 2015, The National Crime Agency (NCA) launched a highly publicised attack against cyber-criminals and the National Security Council described cybercrime as a ‘Tier 1’ risk to national security, alongside terrorism and international conflict.

Whether you are accused of a simple offence such as unlawfully accessing a computer, or you are accused of more serious matters such as developing and executing malware attacks; you cannot face the prosecution without cybercrime solicitors with a genuine experience of defending such cases.

You’ll no doubt be feeling frightened and very concerned as you read this. It’s important to note that by taking early action, you may be able to rely on the experience of a cybercrime lawyer to navigate your way to the best outcome. The best thing for you to do now is to engage a cybercrime solicitor who is competent, skilful and has a good understanding of what’s taken place.

Let’s explore the answers to some of the most typical questions that we receive from clients, and provide you with the support and guidance that you need. If you have questions that are not listed here, you can contact us at any time. We are here to help and provide you with the support and guidance required to give you peace of mind and a positive future.

Have you been arrested or charged with Cybercrime offences?

If you or somebody close to you that has been charged or arrested in connection to committing a cybercrime offence, there will be worry, concern and stress about what the result of this could be. You’ll be wanting to know if the path will eventually lead to imprisonment for taking place in a crime of this nature.

The best action for you to take now is to engage an experienced cybercrime lawyer who will be able to examine what’s happened and craft a strong defence for you. They may even be able to get the case dismissed for you so that you won’t have to stand trial. Alternatively, they may be able to negotiate a way to handle the situation outside of court.

Once you have a competent Solicitor working on your case, you will feel a sense of relief and gain peace of mind.

What type of actions are considered a cybercrime?

Cybercrime is an area of law that continues to increase in legal complexity. Using computers and/or the internet, cybercrime covers a range of acts that are considered to be unlawful. Two main areas of this are:

Offences that use the computer to perform the crime:  for example, performing illegal acts such as hacking, spamming, phishing, deploying viruses and attacks that prevent service.

Offences when the computer is used as a tool to commit the crime – for instance, possession and / or distribution of indecent images, fraud, illegal downloads, cyberstalking, identify theft and hate crimes.

There may have been worms, trojans, viruses, spyware or ransomware involved. Alternatively there may have been a Denial of Service (DoS) or a Distributed Denial of Service (DDOS).

In cybercrimes, there is often a grey area between being able to express yourself freely and that of being abusive on sites such as Facebook and Twitter. With regards to hacking, there are differences of opinion about what is unlawful.

It’s important to note that in some cases, individuals and companies have been unknowingly involved in an investigation without being aware that their actions were not legal. You may be surprised to learn that you or your company are now part of an investigation. It’s important that you engage a competent lawyer who is experienced in cybercrime and know the law well enough to have it applied in your favour in the courtroom. Ideally, your case will be dismissed before it reaches the court stage.

What happens in a Cybercrime investigation?

The cybercrime case is typically lengthy and arduous. Depending on what happened, it could take weeks, months or years to conclude.

When an investigation into a cybercrime situation takes place, it can be a worrying time. You may be worried that you will be imprisoned and your family won’t be able to afford to live in the same house that they do currently and pay all their bills.  You will feel as though your family life and future is now uncertain, unstable and unclear.

Our cybercrime lawyers can advise you throughout your case. Whether you are part of a criminal investigation or you are being prosecuted.

It’s vital that you take professional legal advice on your cybercrime case. Every case has its unique circumstances, but it’s essential to seek guidance before the case progresses further.

Some cases can even be dismissed if you employ the right legal professionals who are specialists in this area.

You may have been falsely accused of cybercrime

Many people, including businesses, misunderstand the cybercrime law and can inadvertently commit an offence. They may have been operating in a way that they believed to be entirely legal. They may not have known that certain acts were considered to be unlawful.

If this is you or your business, then we recommend that you get a competent cybercrime lawyer onto the case as quickly as possible.

Instruct a cybercrime lawyer as soon as possible

If you’ve been asked to attend the police station for an interview, it’s critical that you take a cybercrime lawyer with you. It would help if you had somebody who has experience and is a specialist in this field to help you to avoid going to court. If you reach the point of conviction, there is likely to be some financial costs and damages to pay.

The public relations aspect of this is that you and your business could suffer from damage to your reputation. It’s essential to try to get the case dismissed or settled out of court rapidly. A blow to your reputation could affect future revenues, incoming investment and your image.

What should you do if you get arrested or charged with cybercrime?

Cybercrime law can be complicated and changes regularly. Although it’s not compulsory for you to take legal representation, we recommend that you do so. With rules, regulations and restrictions changing frequently, it can be hard to keep up with the changes and to understand them.

Our cybercrime solicitors keep current with changes and review the changes that take place and how they may affect a case such as yours. You will have access to a knowledgeable legal professional and the most current information and will be provided with the best defence and advice. You will be supported throughout the entire process and ensure that you get the best outcome.

A cybercrime investigation is a formal criminal investigation. It’s vital that you engage a solicitor to guide you and to protect your interests.

Hiring specialist legal knowledge will give you peace of mind. We advise that you get in touch with us as soon as you can so that we can assess your case before it develops further.

Can the police search my home?

The police can search your home as they will be seeking evidence. The authorities will have granted access to your property, and the police will carry through the search as law enforcement offices. The search warrant will extend to cover your digital devices including your computer, smartphones and tablets in addition to any other data container.

Could you go to prison for Cybercrime?

Although cybercrime is a serious offence, it does not result in a prison sentence every time. By taking the right steps, many cases can be resolved outside of the court system. However, if you are convicted, you may receive a lengthy prison sentence in addition to other penalties

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 well-being 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 cybercrime solicitor as soon as possible.

What type of sentence could you get for being convicted of cybercrime?

Depending on what you are convicted with, the damage and losses involved and the impact on national interests; sentences for cybercrime offences can range from community orders to a terms of life imprisonment.

Once the prosecution disclose more details about the allegations against you, our cybercrime lawyers will be able to give you more of an accurate indication of the likely outcome of the case. Read more information about sentencing for Cybercrime

What mitigating factors may be considered in sentencing?

When sentencing for cybercrime, your case will be looked at for whether it’s part of a group activity that is making lots of money or something you have done just for yourself or a couple of friends. It will also be looked at with regards to whether what has happened is a threat to national security.

Furthermore; your previous convictions, your age, your educational background, the level of sophistication and evasion used are all factors which the judge will want to take into consideration.

Does a conviction for Cybercrime go on your criminal record?

If your cybercrime case is heard in court and you are convicted of the crime, your conviction will be recorded on your CRB / police record.

The period of the endorsement will depend on the nature and length of the sentence imposed on you.

How Can Stuart Miller Solicitors Help?

The cybercrime lawyers at Stuart Miller have defended cybercrime cases, have been successful in defending these cases, have sufficient technical knowledge to understand IT jargon, have been developed to appreciate your likely profile and interests and have researched the legal and illegal uses of software used in cybercrime matters.

We have access to a wide variety of hardware and software experts who can be called to give expert evidence in your favour. We have the resources and the skill to handle and examine the evidence that is likely to be part of your case. It is our job to scrutinise the evidence and identify weaknesses in the prosecution’s case and we will do it without compromise. Our cybercrime solicitors are strategic thinkers. They believe in taking a proactive approach to defending claims rather than waiting for the prosecution and being active.

Our cybercrime lawyers have won cases involving simple mobile phone hacks on a large scale, high profile television set-top box hacks, devious hardware distributors placing viruses, trojans and worms in newly supplied machines. We have specialist expertise in defending those accused of online fraud and the malware employed to exploit weaknesses in the subject’s computers. We have developed specialisms in defending intellectual property and copyright prosecutions relating to file-sharing.

Do you want a free initial discussion with a Cybercrime Lawyer?

Whether your case relates to fraud, money laundering, sexual offences, indecent images offences or other criminal offences; we will offer you a free initial consultation to discuss your case with a cybercrime lawyer. We understand the impact of cybercrime prosecutions and the court’s desire to punish offenders as a deterrent for others using online platforms to commit the crime. We will offer you the time and the opportunity to get to know us and be sure that we are the people you want standing beside you.

What will happen when I instruct a cybercrime lawyer?

When you contact us to instruct us to be your cybercrime lawyer in your case, we can then contact the police to find out more about why you are being accused. We can then look into the information that you’ve given us to find a way to give you defence.

You will feel a lot more at ease about the situation as you’ll know that we are handling it for you. We have a specialist team who are very up to date on copyright rules and regulations.

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 contact us today.

In addition to giving you 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.

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