Prosecutors in New York are vigilant about finding and routing out all forms of crime related to computers. Unfortunately, there are many criminal defense attorneys in New York City whose experience with computers barely goes beyond knowing how to turn one on. As a prosecutor in the Manhattan District Attorney's Office under Robert Morgenthau and one of the founders of the Identity Theft Unit, Jeremy Saland has had real hands on computer forensic training and experience investigating computer crimes. In fact, as a New York City computer crime defense attorney he has trained with MARES, SEARCH, NYPTI and other organizations. Some of the crimes that specifically are associated with computers are:
- Unauthorized Use of a Computer
- Computer Tampering
- Computer Trespass
- Unlawful Duplication of Computer Related Material
- Criminal Possession of Computer Related Material
In addition to these crimes, offenses that are often associated with computer crimes are:
Instead of addressing each particular crime in this "wild west" area of law, anyone charged with a computer related offense should understand that a computer can be virtually any device that can store, transmit, receive, or manipulate data. New Yorkers should understand how a computer is defined in the state of New York (Penal Law Article 156). Although most of the terms in New York's definition of a computer have their own legal definitions, today's computer is not merely the bulky box sitting on your desk. Take a peak in your pocket…that MP3 player or cell phone is more than what it seems. That pen being used by the gentleman next to you at Barnes and Nobles might also be a thumb drive. The plug in the back of the computer at Kinko's might be a key stroke logger. In the ever changing world of technology, computers and related equipment are constantly taking new forms.
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Regardless of the specific offense, law enforcement has certain tools to investigate, seize and prosecute offenders and often use search warrants, preservation letters, subpoenas, and programs such as FTK to do so. With the evidence in hand, they may charge you with one of the above crimes punishable by up to one year in jail as a misdemeanor and fifteen years in state prison as a felony. Clearly, it is in your best interest to retain a skilled attorney with real experience in this area of law to aggressively fight for your rights and to identify certain defenses that may be available to you. We, at Crotty Saland PC have the training and experience to aggressively pursue getting you the outcome you want and need.
Call us at (212) 312-7129 or contact us online today.