Miami Computer Crimes Defense Lawyer

A detective calls about a login traced to your home. A former employer says you took files before you left. Or agents have already seized your phone and laptop. If you’re facing a computer crime investigation in Miami, defense attorney David Edelstein can help you decide how to respond to an interview request and which records to preserve.

In a hacking case, two questions often matter from the start. Who used the account at the time in question? What did that person have permission to see or do?

If Agents Contact You or Take a Device

If an agent asks for a voluntary interview, get the agent’s name, agency, and callback number. You can speak with a lawyer before deciding whether to answer questions. If agents execute a warrant, let them carry it out. Ask for a copy of the warrant and the receipt listing what they took. If they also ask for consent to search another device or account, you can ask to speak with counsel before you agree.

Keep the papers and any access notices you already have. Leave devices and files as they are. Avoid logging back into an old work account to see whether your password still works. Tell your lawyer which provider or employer holds the records. That detail matters if someone needs to send a preservation request before the logs are erased. Our criminal investigations page explains how counsel can help before charges are filed.

What a Login Can Tell Us

David Edelstein has defended clients charged with federal wire fraud. When the government says a client sent a fraudulent email, the address in the “From” field is a starting point. The sign-in history can help establish who controlled the account when the message went out. The rest of the exchange may matter too. An attachment may disclose a fact the government says the sender hid.

A provider may trace an IP address to your home at a particular time. Several people may have used the same Wi-Fi. Counsel can compare the provider’s record with the device named in the sign-in history. If a phone approved the login, who had that phone at the time? A sign-in under your name means more if those records also place the phone in your hands.

It matters what the log actually recorded. A failed password attempt is different from a successful sign-in. A successful sign-in may still leave open whether anyone opened or downloaded the file at issue. Before putting the events in order, it helps to check whether the provider used local time or UTC. The difference can put an event on a different day.

Who Had Permission to Access the Files?

A password can keep working after someone’s authority ends. Suppose a former employer says you downloaded a customer list the day after you left. The notice ending your access and any instructions to finish work after your last day can be checked against the time of the download. Those records can change what either side can prove about your authority at that hour.

The same question comes up while someone is still employed. Permission to use the company network may extend to one folder and stop at another. Job duties, messages from a supervisor, and changes to account permissions can help establish where that line was drawn and what the employee knew.

How the Digital Evidence Was Collected

A screenshot of a file list may show a filename without showing how it got there. Cloud software can copy files to a second device automatically. If the accusation is a deliberate download, the account’s sync history can help distinguish a transfer someone started from one the software ran on its own.

When investigators examine a copy of a drive, their records should show how they made the copy and how they checked it against the source. A matching digital fingerprint, called a hash, can help establish that the copy is faithful. Identifying who used the drive is a separate question. Counsel can also compare what investigators searched with what the warrant or consent allowed.

Who Prosecutes Computer Crimes in Miami?

If your charging papers name the State of Florida, the Miami-Dade State Attorney’s Office ordinarily handles the prosecution. Florida felony charges go to circuit court. A standalone misdemeanor generally goes to county court. If a misdemeanor arises from the same events as a felony charged in the case, the circuit court hears both.

If the papers name the United States, the U.S. Attorney’s Office prosecutes the federal case in the U.S. District Court for the Southern District of Florida. The FBI or Homeland Security Investigations may investigate, sometimes alongside local detectives. The agency that first contacts you does not settle which charges will be filed.

A single login to an account at a Miami business can raise questions under both Florida law and the federal Computer Fraud and Abuse Act. The relevant facts include what system was accessed, who gave permission, and whether the conduct meets the requirements of the statute charged.

Florida Computer Crime Charges

Under Florida’s Computer Crimes Act, the charge depends on what someone allegedly did. Section 815.06(2)(a) covers willful, knowing access when the person knows the access is unauthorized or the way the system is being used exceeds permission. Other parts of § 815.06 cover conduct such as knowingly introducing malware without authority. Section 815.04 separately covers conduct such as altering or destroying computer data willfully, knowingly, and without authority.

Section 815.06 expressly excludes someone acting within the scope of lawful employment or performing authorized security work for a business or government. For an IT employee or contractor, the written assignment and any limits on testing may bear directly on whether that exclusion applies.

Federal Charges Under the Computer Fraud and Abuse Act

Under one common provision of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030(a)(2)(C), prosecutors must prove that someone intentionally accessed a computer without authority, or went beyond authorized access, and thereby obtained information from a protected computer. A computer used in or affecting interstate or foreign commerce or communication can qualify. Even a case involving one account can lead to federal charges in the Southern District of Florida.

In Van Buren v. United States, a police officer accepted money to look up a license plate. Department rules barred the lookup for personal reasons, but the officer had permission to retrieve that plate record. The Supreme Court held that his improper purpose alone did not establish that he exceeded authorized access under the CFAA. Opening a restricted database presents a different question.

Other CFAA provisions cover fraud, damage to a protected computer, trafficking in passwords, and extortion. For example, a charge of sending code that caused damage under § 1030(a)(5)(A) turns in part on whether the person intended to cause unauthorized damage. That is a different issue from whether someone obtained information.

What Penalties Apply?

Look for the statute and subsection on the charging papers. Two common access charges illustrate how much the maximum can vary.

For a Florida felony, the sentencing scoresheet and any enhancement the State seeks also matter. In federal court, the advisory sentencing guidelines and your criminal history matter. If the government claims a financial loss, the records behind that figure can show which expenses were tied to the alleged act.

Restitution, Forfeiture, and Supervision

In Florida, probation may be an option. A judge generally must order a defendant to repay the victim for losses tied to the offense unless the court finds clear and compelling reasons to decline. Restitution can be a condition of probation. If a business claims the cost of restoring a server, its invoices can help establish which expenses the charged conduct caused.

In federal court, restitution is generally mandatory when a qualifying property offense causes an identifiable victim a financial loss. Forfeiture serves a different purpose. After a CFAA conviction, the court must order forfeiture of qualifying property, which can include a defendant’s computer used to commit the offense or proceeds the defendant obtained from it. Florida law also allows forfeiture of a device the defendant owned and used in a violation of § 815.06.

A federal prison sentence can be followed by supervised release. If prosecutors seek computer monitoring or limits on internet use, counsel can review how the proposed terms would affect your work. Someone whose job requires access to customer accounts may need a condition that permits work on an approved device.

Related Charges Involving a Computer

If someone allegedly used an account to obtain money, the papers may charge wire fraud or identity theft. Florida cases can involve credit card fraud or organized fraud. Our Florida fraud defense page explains other charges that may arise from an online transaction.

Other cases turn on the conduct or material found on a device. See cyberstalking under Florida law if the allegation involves repeated online contact or monitoring. Our page on federal child pornography charges addresses allegations involving images or videos.

Speak With David Edelstein About a Computer Crime Charge

David Edelstein began his career at the Miami-Dade Public Defender’s Office and has practiced criminal defense in Florida’s state courts for over 30 years. He represents clients accused of computer-related offenses in both state and federal court. He has been admitted to the U.S. District Court for the Southern District of Florida since 1996 and is AV Preeminent® Peer Review Rated by Martindale-Hubbell.

When you contact David’s office, mention any upcoming interview or court date. Say who contacted you and which devices were taken. Have the warrant, property receipt, or charging papers handy if you received them. Describe the account or file at issue. Please leave passwords and private files out of the intake form.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545 or fill out our secure intake form below.

*Due to the large number of people who contact us requesting our assistance when facing federal charges, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL ATTORNEY IN MIAMI DADE COUNTY OR ANYWHERE IN SOUTH FLORIDA FOR LEGAL REPRESENTATION.