Why your computer crime attorney needs to know computer forensics - Law - Criminal Law

If you needed surgery, would you go to a surgeon that didn't really understand that part of the body that he/she was operating on? Of course not. Then why would you go to an attorney for a computer crime case if they don't know anything about computer forensics? I guess most people hold attorneys to a lower standard which they shouldn't do. Or, maybe they assume that if an attorney takes a case, that they know what they are doing. Your attorney may hold your life in his/her hands. Sadly, too many will take anything just because it walks in the door. If you are charged with any computer crime, you should get an attorney that knows computer forensics inside and out.

Simply put, computer forensics is the tools and techniques that law enforcement will use to find the evidence against you, preserve it and present it to the jury. Law enforcement often assumes guilt and this is no different in the computer crime context. As a result, the investigating officers may only look to prove that you are guilty instead of performing an unbiased investigation. I often tell my clients that law enforcement knows your guilty, now they just need the evidence to prove it.

Since law enforcement will not look at everything, your attorney must understand what they missed, what evidence can be there and why that is important. Juries can't stand when law enforcement takes the lazy way out. If you can show them enough holes in the State's case, it may be all you need for a not guilty verdict.

You also have to understand that law enforcement sometimes gets it wrong! However, the reports they write are so biased, they can really convince your attorney that they know what they are doing. If your attorney does not buy your defense, why would anyone else? Of course, if your attorney does not understand the reports because all of the technical data and terms go over his/her head, how could they even craft a defense? When your attorney understands what law enforcement did and why, they will also be able to see what they did wrong. Only then can a defense be crafted.

Experts are not attorneys. However, some attorneys tend to overly rely on experts. A computer crime attorney needs to work with an expert and not for the expert. If the attorney cannot "talk shop" with the expert, then the conversation will not be very productive. Experts can be good, but since they are not attorneys, they cannot be expected to put together trial strategy and break down an entire case. If your attorney cannot direct the expert, the entire case will be, without direction.

If you get a computer crime attorney that understands computer forensics, you will have an attorney that can break down the case and focus on the technical issues that may save you. He/she can work with the expert to bring these issues out in front of the jury through direct and cross examination. The attorney can then highlight the holes in the State's case and explain all of it in simple terms for the jury.