Online fraud is a broad term encompassing numerous methods of obtaining sensitive personal information (identify theft), securing bank/credit or debit card information (fraud) and hijacking people’s online accounts to support identity theft and for the trading of counterfeit products using legitimate accounts.

If you are accused of online fraud, taking the advice of a competent and experienced cybercrime and fraud solicitor is crucial.

If you or somebody close to you has been arrested or charged in connection with internet fraud, you’ll probably be feeling worried about what the result of a court case might be. Will you be imprisoned for your involvement in a cybercrime?

If you are found guilty and convicted, then you may be imprisoned. This could interfere with being able to pay for your mortgage, shelter your dependents and provide for them.

Understandably, this situation will make you feel frightened and concerned about what might happen to you at the outcome of your case. The best action to help you to feel better immediately and to improve your situation is to take early action. Contact an internet fraud solicitor who is competent and experienced.

Have you been arrested or charged with online fraud?

The benefit of engaging an experienced online fraud lawyer is that they can provide you with the legal guidance required to get the best possible outcome. They can examine your case for any inconsistencies that may enable you to get your case dismissed. They can then request to see all the evidence from the prosecutor. Thirdly, they have the know-how and experience to craft a strong defence strategy for you.

Once you have a competent solicitor on your side, you will be feeling a sense of relief.

We’ve put together several questions that our clients typically ask with their answers below. If you have a question and you cannot find the answer to it here, contact us 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 online fraud?

There are over 30 or more different online 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 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 an Online Fraud investigation?

When an investigation into an online fraud event takes place, it is likely to be a forensic investigation into finding evidence to report the crime and create a case for conviction.

You’re likely to find this a worrying time in terms of wanting to know if you’re going to be imprisoned as a result. If you have dependents, you’ll be worried about whether they will have access to an income to shelter and feed them while you spend time imprisoned.

These are the reasons why it’s so important to take legal counsel as early as you can in your online fraud case. Every case is unique, and by engaging with cybercrime solicitors who have experience and legal knowledge, the better position you can put yourself and your family into – the better life you can all have.

Some cases can even be dismissed before they reach the court stage if you employ the right legal professionals who specialise in this area.

You may have been falsely accused of online fraud

In some instances, our clients have been falsely accused of online fraud. When we look at the evidence from the prosecutor, we can see where an error has been made, and the case is not even related to our client.

If you are in a situation like this, then you may be able to get your case dismissed before it reaches the court stage. To do this you will need to hire a competent cybercrime lawyer.

Instruct a legal professional as soon as possible

If you have been informed about an investigation taking place about you allegedly committing an online fraud offence, it’s vital that you look to engage a solicitor who can defend you and protect the interests of your dependents in doing so. Whether you are a computer programmer, who has unintentionally hacked in to a computer or developed software that has inadvertently created a system that looks like online fraud, get in touch with a good lawyer.

What should you do if you get arrested or charged with Online fraud?

The legal area that encompasses online 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 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 such as an external hard drive or USB memory sticks.

Could you go to prison for Online Fraud?

Committing online 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 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. Hiring specialist legal knowledge will give you peace of mind. We advise that you get in touch with a lawyer as soon as you can so that your case can be analysed before it develops further.

What type of sentence could you get for online fraud?

Depending on the offence for which you have been convicted, the sentence could be as much as ten years imprisonment in addition to the seizure and forfeiting of assets and confiscation proceedings.

What mitigating factors may be considered in sentencing?

When sentencing for online fraud crimes, judges typically look at 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 a couple of friends.

Your age, the sums of money involved, the level of sophistication employed, your previous criminal history and personal circumstances are all factors which will be taken into consideration.

Does a conviction for Online Fraud go on your criminal record?

If your online fraud 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?

Our cybercrime legal 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 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 important defence evidence and challenge the prosecution’s case, without compromise.

Stuart Miller Solicitors’ expert fraud solicitors and cybercrime lawyers are at the forefront of defending online 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 this 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, to achieve results. We adopt a proactive 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.

Would you like to discuss your case before instructing us?

If you would 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 have been arrested. We can look at securing your legal aid.

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