The new frontier of computer crimes constitutes an ever-changing landscape. The law is constantly trying to catch up with new technologies and the manner in which they can be employed to commit otherwise common crimes. Most attorneys are not particularly tech-savvy, and since many defenses against computer crime charges have a technical base, they are at an extreme disadvantage in this arena. At The Marin, Barrett & Murphy Law Firm our Rhode Island computer crimes attorney stays abreast of new developments, both legal and technical, in this burgeoning field. We also maintain a network of qualified technical experts to assist in your defense should the need present itself.
Computers allow transactions to occur across great distances with no physical contact or face-to-face meetings. They provide the ability to contact others without their permission and to do so either with great fanfare (like retailer ads) or with total anonymity. Computer crimes can also invoke multiple jurisdictions embracing both state and federal charges.
Unfortunately, these characteristics make computers ideal for causing considerable mischief. Computers are now used to facilitate virtually any kind of financial fraud. They are also increasingly used to commit identity theft, harass other users, or distribute child pornography. These activities are now so common that the state has specific laws making them criminal acts. If you are facing any charges involving cyber crimes, our Rhode Island cyber crimes attorney can answer your questions- we are technically qualified and are licensed to practice law before both the Rhode Island state and federal bar.
Someone Else Used the Computer
Regardless of the crime—stalking, pornography, etc.—one potential defense is that the defendant simply wasn’t the one who carried out the criminal activity. Even if forensic evidence says the activity was conducted via a computer in the defendant’s possession, that doesn’t necessarily mean it was the defendant who conducted it.
Modern day computer mischief includes many forms of viruses and hijacking programs by which someone can take control of your computer, often without you knowing it. Establishing that this happened requires a great deal of computer expertise.
Forensic Evidence Tracing Activity to Your Computer is Erroneous
Forensic investigations of computer usage are very technical, and experts are good at tracing activity through cyberspace using codes and identifiers that are a foreign language to most people. Despite the scientific basis of the investigations, they can still reach the wrong conclusion. In other words, simply because an expert says that a message was sent from your computer, or your account at some computer service, doesn’t necessarily mean it’s true.
An experienced Rhode Island computer crime attorney knows where to find experts who can review the state’s evidence tracing the activity to your computer and rebut it the conclusion is shaky or, at the very least, highlight its weaknesses that leave open the possibility that the state’s conclusion is wrong.
Apart from any school or workplace policies that address bullying and harassment, Rhode Island has specific laws that criminalize the use of computers to stalk and harass others. To be a violation, there must be communication or contact through a computer or some other electronic device for the sole purpose of harassment.
Harassment is defined in broad, subjective terms:
These are difficult elements for the prosecution to prove and offer an experienced Rhode Island cybercrime attorney many opportunities to damage or destroy the prosecution’s case. They also raise serious questions about the boundary between free speech and harassment.
A first violation is a misdemeanor, with a penalty of a fine up to $500, prison for up to a year, or both. Additional violations are felonies, with a penalty of up to two years in prison, a fine of up to $6,000, or both.
Cyber harassment and cyberstalking are also considered an act of domestic violence if committed against someone who meets the definition of a member of the defendant’s family or household. That subjects the defendant to many additional penalties imposed by the domestic violence law, as well as that law’s provisions for warrantless arrests and protective orders.
Rhode Island’s child pornography statute specifically makes it a crime to knowingly:
Penalties include fines up to $5,000, imprisonment (up to 15 years for delivery, transfer and reproduction; up to 5 years for possession), or both. Child pornography charges can also lead to being charged with a sex crime, and possibly having to register as a sex offender in the state of Rhode Island.
The formation of Marin, Barrett & Murphy signifies a strengthened alliance dedicated to providing exceptional legal services. Clients can expect a collaborative approach that combines deep legal expertise with a steadfast commitment to achieving favorable outcomes.
We take the time to make sure you understand all your legal issues, risks and consequences, that starts at your free evaluation.
Stefanie Murphy's experience as a prosecutor allows her to build strong cases knowing the procedures and strategies of how the authorities will prosecute your case.
We provide 5 star individualize care for every one of our clients and cases, while protecting your freedom and legal rights.
At Marin, Barrett, and Murphy, we believe every client deserves a powerful defense and an unwavering advocate. Our team is built on decades of courtroom experience, led by skilled trial attorneys who don’t back down. Whether you’re facing a DUI, drug charge, or serious criminal allegation, we bring a relentless, strategic approach to every case—fighting for your rights, your future, and the outcome you deserve. When the stakes are high, we’re in your corner
