The internet is everywhere. Beyond the traditional personal computer, it is now accessible via phones and watches. We use it to buy groceries, purchase vehicles and complete financial transactions. “The internet of things” describes the spread of internet connectivity into everyday objects, such as our thermostats and home security systems. It’s therefore not surprising that as the use of the internet has risen, so too have the offences associated with its use. This is when you need an internet crime lawyer to represent you.
What Is Internet Crime/Cyber Crime?
Cybercrime is the common term used to describe any illegal activity using the internet or computer systems.
The RCMP defines it as “where the Internet and information technologies, such as computers, tablets, personal digital assistants or mobile devices, have a significant role in the commission of a criminal offence.”
And within this, it also defines two primary areas of cybercrime, where technology is the target and where technology is the instrument to commit a crime. In the former, criminals target computers and other devices, such as unauthorised use of computers or data-related mischief (including theft, falsification or ransomware). In the latter, criminals commit crimes using computers and related technology. These crimes include credit card theft and fraud, copyright and intellectual property infringements, sexual offences, such as possession of child pornography or the posting of intimate images, identity theft, personal data hacking, cyberbullying and online harassment, organised crime activities, and many more.
Prosecuting an Internet offence has its challenges. Police can obtain Production Orders to secure information from Internet providers for data, such as your I.P. Address. They also can use search warrants and production orders to obtain other information about you. Credit card information, search engine histories and social networking habits or, if required, access to your home to seize any electronic devices fall into this category. In all likelihood, the goal of the investigation is to confirm you as the person who accessed certain websites, possessed certain data or engaged in specific kinds of fraudulent Internet activity. Widespread use of these new technologies is using the GPS data of cell phone providers to establish the location or movement of persons of interest.
Now, an experienced cybercrime defence lawyer of Fedorowicz Law can help you navigate the legal process of being charged with cybercrime and the resulting investigations. We understand the rules of evidence and the law around search and search under the Charter of Rights, the admissibility of which often play a significant role in determining guilt or innocence at trial.
What Is The Punishment For Internet Crime?
The Criminal Code of Canada has three different types of criminal offences: summary conviction offences, indictable offences, and hybrid offences.
Most internet-related crimes fall into the hybrid category. The Crown decides whether the offence will be tried as a summary conviction or indictable offence. Due to the wide variety of crimes, it is difficult, if not impossible, to estimate punishment, as it strongly depends on the kind and severity of the crime. Sentences can range from monetary fines to imprisonment.
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What To Do If You Are Charged With An Internet Crime?
As cybercrime laws can be complex, and cases are rarely straightforward, it is imperative that you seek legal counsel to protect your rights as soon as possible.
Penalties associated with a cybercrime conviction can be severe, including significant fines, extensive jail time, and potentially required registry as a sex offender if the offence involves allegation of luring or child pornography. At Fedorowicz Law, we have assisted many clients in dealing with various internet crime charges, including indictable charges. Our criminal defence attorneys are experienced and unafraid to fight for your rights.
Why Hire Fedorowicz Law For Internet Crime Defence?
Richard Fedorowicz has successfully defended individuals in court for 20 years. He worked in all levels of criminal cases, including cybercrime. This experience and his extensive knowledge of the law and legislation will ensure that the right strategy is employed for your specific case. One factor that sets him apart is his personal approach to every case, treating every potential client as an individual who is presumed innocent and deserves unparalleled legal representation.
Fedorowicz Law has a professional team that can draw from extensive legal and technical knowledge to identify weaknesses in the prosecution’s case. We will, on your behalf:
- Intervene in the investigation to prevent the filing of charges
- Initiate negotiations with the Crown Attorney ahead of filed charges or arrests
- Request the testing of any physical evidence
- Analyse any evidence brought against you to find the best strategy to defend your position
- Search for sentencing approaches that minimise the damage to your reputation or freedom
Call An Experienced Computer Crime Lawyer To Help
Cybercrime has become a vast and complex field, so you need an experienced cybercrime lawyer to help you through the legal process. Call Fedorowicz Law today at 249-266-4222 to find out how we can help you with your internet crime case and answer any questions. Richard Fedorowicz is an internet lawyer!
FAQ’s
A cybercrime lawyer is well-versed in defence of internet-related charges. They will utilise all technologies to investigate social media sites, emails, cloud storage, hard drives, cell and smartphones to establish someone’s innocence or guilt. They will gather physical and digital evidence to build a solid foundation for the case and your defence.
An experienced criminal defence lawyer knows, on average, how much time and resources a matter will take, including the specific steps required to arrive at the intended result. The fees of a case depend on several factors, including the seriousness of the charge(s), the amount of disclosure and the number of court days required. Fees are explained in detail at an initial consultation, which we offer on a complimentary basis by appointment, and detailed in a formal written agreement.
Yes. Just like bullying and harassment are crimes, the same goes for the cyber/internet versions of them. According to the Criminal Code, cyberbullying can extend to the following charges:
- Identity Theft
- Unauthorised use of a computer
- Mischief concerning data
- Criminal harassment
- Sharing intimate images without consent
- Counselling suicide
- Defamatory Libel
- Extortion
- Intimidation
- Public incitement of hatred
- Uttering threats
The so-called Dark Web enables users to access hidden and potentially illegal content online, encrypted and anonymously. The Dark Web and accessing it is not illegal in itself. However, the Dark Web is often used to conduct illegal activity.
Law enforcement agencies routinely patrol the internet and related mediums for criminal activity. They conduct anything from undercover operations to the technical analysis of computer data. In many cases, they will obtain search warrants and/or production orders to seize information from your computer or other technological devices. Fedorowicz Law has years of experience identifying problems with investigations against you and weaknesses in the prosecution’s case. We also will assess if any warrants or orders were obtained in violation of your rights under the Charter of Rights and Freedoms.
Cybercrime is the common term for any illegal activity using the internet or computer systems. The RCMP defines it as “where the Internet and information technologies, such as computers, tablets, personal digital assistants or mobile devices, have a significant role in the commission of a criminal offence.”
Internet-related crimes are one of the fastest-expanding areas of law. Offences include fraud, impersonation, child pornography, harassment and child luring.
Hacking is defined as “the gaining of unauthorised access to data in a system or computer.” Under the Criminal Code, it is an offence to fraudulently obtain, access, use, control, interfere with, or intercept computer data or functions.
Due to its anonymity, authorities regard the Dark Web as a base for illegal activity and therefore a target of police investigation. These include buying and selling illegal drugs, weapons, passwords, and stolen identities, as well as trading illegal pornography and other illegal materials.
The Criminal Code of Canada has three different types of criminal offences: summary conviction offences, indictable offences, and hybrid offences.
Most internet-related crimes fall into the hybrid category, where the Crown will decide if the crime will be tried as a summary conviction or indictable offence. Due to the wide variety of crimes, it is not impossible to give an estimate of punishment, as it strongly depends on the kind and severity of the crime. Sentences can range from monetary fines to imprisonment for life.
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