Mark B. Arthur: Attorney at Law

The widespread use of computers, cell phones and the internet has led to the explosion of computer-based crimes in Virginia. These include less serious crimes such as computer trespass and harassment, which are generally misdemeanors. There are two more serious felonies, which include the possession and distribution of child pornography, and the solicitation of minors, which can lead to extended periods of incarceration.

The prosecution of computer crimes has become increasingly complex and aggressive. You should consult with an experienced attorney as soon as possible so that evidence can be maintained and your defense prepared as early as possible. Some of the more serious felonies carry mandatory minimum sentences and mandatory probationary periods that must he taken into account while preparing your case.

The punishment for computer sex crimes continues even after your release from incarceration. Certain offenses require that you register on state computer databases for the rest of your life and report your job and residence to the state police monthly. These databases are accessible to the public through the internet and contain such information as your name and current address. Additionally, you can be restricted from having contact with minors or using a computer for the rest of your life.

The Winning Approach to Defending Computer Crimes

Digital evidence must be captured as soon as possible. Computers, cell phones and internet records are easily destroyed and difficult to maintain. You must secure all tangible evidence as soon as possible to avoid anyone else tampering with it and to have it available as defense evidence. However, just as important are the records that computers, cell phone companies and internet providers keep as you are using these devices, which must be collected as early as possible. We will help you maintain and collect all of this information for use in your defense.

Police interviews and your statements are often the most damning evidence against you. Investigators will usually attempt to have you explain very complex computer transactions without you having full knowledge of the basis of their investigation. Without skilled and competent counsel you may inadvertently lay the basis for your own conviction when you attempt to explain transactions that you don't understand. We will help you understand the charges against you and only if absolutely necessary allow you to speak to the police while we are present.

As the use of computers has become increasingly complex so has the prosecution of computer crimes. The prosecutor must explain to either a court or jury extremely complex computer transactions and records. Often the foundation for this type of evidence is very strict and a skilled attorney can keep it from coming into court. As your counsel, we will ensure that every piece of evidence is properly before the court.

The range of punishment for computer crimes is extremely broad. In some cases, committing the same act more than once can increase a misdemeanor to a felony. The judge also has broad discretion in sentencing depending on mitigating evidence presented by the defendant as well as a strong defense that weakens the prosecution's case. As your counsel, we will present all mitigating evidence to get you the best outcome possible.

If You are Facing Computer Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you.  It is legal for the police to lie to you.  Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk.  Be polite and courteous, but refuse to discuss the investigation with them.  You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present.  Do not allow yourself to be tricked or coerced by the police.
• Anything you say about the case to anyone, including most family members, can be used against you in court.  Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors.  If you have made such statements, we will deal with it together.  If you have not, DON'T!
• Never consent to anything without the advice of your attorney.  This includes giving the police permission to search, draw blood or discuss the case with you.  Unless the police have a search warrant, do not consent to them taking your computers, cell phones or cameras.
• If the police have a search warrant, be cooperative and allow them to take any property that is covered by the search warrant. Politely ask for a copy of the search warrant and an inventory at any property that is taken. Secure this for future use in your defense.
• Never resist arrest.  If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully.  It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address.  If the police want to fingerprint you after arrest, cooperate fully.
• Inform the officers that you wish to make a telephone call.  Get an attorney quickly, if you call family or friends have them contact an attorney.  You can reach us at 1-434-846-7111.
• Post bond as quickly as possible.  If you are advised of your right to have an attorney, your response should be, "I plan to hire my own counsel”.  At the advisement, do not try to talk to the judge about your case.
• Finally, meet with your attorney as soon as possible.  When you meet with me, be completely honest with your version of events.  Tell us about any past traffic record or witnesses that might help or hurt your case.  Remember that you are the most important part of your defense team.