Computer Crime Defense: The Technology Matters as Much as the Law.
Digital evidence is not as airtight as investigators suggest. IP addresses can be spoofed, shared networks create attribution problems, and malware can generate criminal activity without the device owner's knowledge.
Michigan Computer Crime Law
Computer crimes in Michigan are prosecuted under the Michigan Penal Code (MCL 752.791 et seq.) as well as federal statutes including the Computer Fraud and Abuse Act (CFAA) and the Wiretap Act. When a crime crosses state lines or involves federal systems, the case may be prosecuted in federal court where penalties are significantly more severe.
Charges We Defend
- Unauthorized access / hacking
- Identity theft / financial fraud
- Cyberstalking / online harassment
- Wire fraud / email fraud
- Child sexually abusive material (CSAM)
- Ransomware / malware deployment
What’s at Stake
- State unauthorized access: Up to 10 years
- Federal CFAA: Up to 20 years per count
- Forfeiture of all devices and digital assets
- Restitution orders in the millions
- Loss of security clearances
Our Computer Crime Defense Strategies
Independent Forensic Review
We retain certified forensic analysts to review the prosecution’s digital evidence collection methodology, examine chain of custody documentation, and identify whether the imaging, analysis, and interpretation of digital media followed accepted forensic standards.
Attribution Challenges
An IP address identifies a network, not a person. Shared Wi-Fi, VPN endpoints, and compromised routers all create attribution uncertainty. We establish the technical impossibility of definitively linking online conduct to a specific individual through an IP address alone.
Fourth Amendment and Warrant Challenges
Search warrants for digital devices must specifically describe what investigators may search for and seize. Overbroad warrants, general exploratory searches, and access beyond the authorized scope can result in suppression of the entire digital evidence record.
Malware and Third-Party Access
Criminal activity attributed to a device does not always originate with its owner. We investigate whether the device was compromised by malware, used by another person, or accessed remotely, presenting that evidence as a complete defense to intentional criminal conduct.
Computer Crimes Defense Questions Answered
My devices were seized. What happens next?
After devices are seized under a search warrant, investigators image the storage and analyze the copies. This process can take weeks or months. Use this time to retain counsel immediately so we can identify constitutional challenges and preserve exculpatory evidence.
Can I be charged even if I didn’t intend to commit a crime?
Intent is a required element of most computer crime statutes. We establish that you did not know you were exceeding authorized access or had a reasonable belief that your conduct was permitted.
Will my case be prosecuted in state or federal court?
The decision depends on the nature of the systems accessed and whether federal agencies conducted the investigation. Federal prosecution carries more severe penalties and mandatory sentencing guidelines.
Speak With an Ann Arbor Defense Lawyer
A confidential conversation early on preserves every available option. Do not speak to investigators without counsel.