Internet and Computer Crime Investigations: A Defense Lawyer Answers Common Questions
1. Agents showed up with a search warrant and took my phone and computer. What happens now?
If state or federal law enforcement takes your phone or computers as part of an investigation, contact a criminal defense lawyer as soon as possible.
Often there’s no immediate arrest. Instead, devices are taken as part of an investigation, either with consent or under a court order. Then there can be a period of time while law enforcement runs forensic examinations on those devices.
Many people in this situation choose to wait and see what happens instead of getting a lawyer. I don’t recommend that, because a lot can be done during this period.
When a client contacts me after a search and seizure, I start by learning their background, history, and personal circumstances, along with exactly what happened during the search. Then I reach out to the agents and investigators to let them know my client has representation and to open a line of communication.
At this stage, the goal is to learn as much as possible. It’s also a chance to see whether the matter can be resolved, to clear up any misunderstanding, and to identify any Fourth Amendment issues. If a prosecutor has already been assigned, it’s an opportunity to reach out to that office too.
Clients always have a long list of questions and concerns at this stage. We go over the process and what it could look like if criminal charges are filed. This window gives us the time to prepare, answer questions, and give advice. (See our post, Police Seized My Computer or Phone: What Happens Next.)
2. I deleted files or messages. Are they really gone, and could deleting them make things worse?
The answer depends on a number of factors. When law enforcement runs a forensic examination of a computer, phone, or other storage device, the forensic software can often recover deleted files and data that even the device’s regular user can’t access. Deleting something doesn’t necessarily mean it’s gone from the device.
Deleting things can also create problems of its own. Depending on the circumstances, certain conduct could even be treated as obstruction of justice. As always, if law enforcement has contacted you, get an attorney right away.
3. How do investigators actually find people online?
Law enforcement uses a number of techniques to identify people accused of committing crimes online. They may track IP addresses, device identifiers, and usernames, or get information from third-party companies such as Google, AI companies, or internet service providers. There’s often a trail of digital evidence they can follow. (See also how police get AI records.)
Every case is different. Law enforcement’s goal is to figure out who was using a particular device at the time of the alleged conduct. Depending on the software, the devices, the way they connected, and the people involved, investigators follow that trail and issue subpoenas and search warrants.
Many third-party companies also monitor their networks and systems for illegal activity. They send tips, along with information about specific accounts, to law enforcement or to the National Center for Missing & Exploited Children. Law enforcement then decides whether to investigate further. (See our post, How a CyberTipline Report Can Lead to a Police Investigation.)
If you believe you’re under investigation, contact an attorney for a consultation.
4. Someone else used my Wi-Fi or devices. Does that matter?
If someone else uses your devices or Wi-Fi, there’s always a risk they could commit a crime while doing so. It’s a lot like lending someone your car. If your car were caught on camera leaving a crime scene, law enforcement would likely show up at your door with a lot of questions. The same is true when illegal activity is traced back to your account or your devices.
In many internet crime cases, the real question isn’t whether a crime was committed, but who committed it. The conduct has to be linked to a specific person, and that connection has to be proven beyond a reasonable doubt.
That’s why the question of whether someone else was using a device, or a particular network or Wi-Fi connection, comes up so often. The defense will generally look closely at the circumstances surrounding the alleged conduct to build reasonable doubt about who was actually behind the device at the time. Every case is different, and the evidence is always different.
5. What should I do if I receive a federal target letter or a call from the FBI or Homeland Security Investigations (HSI)?
Getting a target letter, or any letter from an investigative agency, can be very alarming. The best way to handle it, and to figure out the right next step, is to contact experienced counsel. (See our post, Received a Federal Target Letter in an Internet Crime Investigation.)
The same is true if an FBI or HSI agent calls you or shows up at your door. Anything you say can be used against you, so I generally advise anyone contacted by federal agents to exercise the right to remain silent and speak with an attorney before making any statements or agreeing to a search. Once I’m retained, I contact the agents to let them know my client has representation, learn as much as I can about the investigation, and handle communication on my client’s behalf.
6. Why are so many internet crime cases prosecuted federally?
A great deal of online conduct can be a crime under federal, state, or local law, and often under both. Many of these cases end up in federal court because, traditionally, federal agencies have had the most resources and technical know-how for online investigations.
Online investigations are also usually multijurisdictional. The evidence can be spread across the country or around the world. Federal laws often apply because the internet crosses state and national lines, which ties the conduct to interstate commerce.
More and more cases are now being investigated and prosecuted at the state level, though. State law enforcement and state governments have better resources than they used to and much more experience with these cases. There are also joint task forces where federal and state agencies work together, so it isn’t always clear whether a case will be prosecuted federally or by the state. That’s always something that needs to be explored early. (See our post on computer and internet crimes in both state and federal court.)
7. How does your background teaching computer forensics help clients?
Early in my career, I practiced in a jurisdiction with internet crime task forces made up of federal and state authorities. In the early 2000s, that meant I represented countless clients facing allegations of illegal online activity.
Because of that experience, I was asked to teach continuing legal education seminars to other attorneys and legal professionals. I’ve taught courses around the country and online. My work has been published in criminal defense lawyer association magazines at the state and national level, as well as in legal publications and a book.
I also taught for many years as an adjunct professor at Ursuline College. My courses covered criminal procedure, criminal law, and constitutional law, with a primary focus on computer crimes and computer evidence.
That background brings real value when I’m reviewing and defending allegations of criminal conduct online, because I can put that experience to work for each client. (Read more about Attorney Ron Frey.)
8. Can my AI chats, searches, or prompts be used as evidence?
Google searches are used as evidence all the time, in both criminal and civil cases. AI prompts are no different. They’re being used as evidence, and in some situations they’re increasingly treated as potential criminal conduct in their own right. If someone asks an AI tool to help with illegal activity or to create illegal files, the government may try to use those prompts as evidence.
This is a developing area of law, and it raises many issues. Most people who have used AI or superintelligence tools know that a prompt doesn’t always produce what you asked for. AI image generators, for example, have been known to produce people with six fingers. There can be a real disconnect between what a user was looking for and what the software actually generated.
That disconnect can lead to all sorts of problems. If someone enters an otherwise innocent prompt and the AI returns something criminal or contraband, it raises serious questions about criminal and civil liability, and about who is responsible for what was produced. In a developing area of law like this, there are many issues that need to be raised during the representation. (See our pages on AI Chats and Prompts as Evidence and AI-Generated Images and Deepfakes.)
9. What’s different about defending an online sting or chat-based case?
Law enforcement often goes undercover online to set up investigations and stings. Many of these involve officers posing as someone underage and chatting with people to catch alleged criminal activity. These operations often lead to a large number of arrests at once or within a short period, and they’re frequently publicized in media reports.
No two cases are the same, but the evidence is usually built around the communications between law enforcement and the suspect, plus anything the suspect did afterward, such as traveling to meet someone.
In the online communications, every word matters. Law enforcement generally preserves the chats, but the evidence isn’t always as clear-cut as it seems. Officers are often chatting with multiple people over a period of time, and what’s actually being discussed isn’t always clear.
The law requires specific elements, including a person’s intent or understanding, to be proven beyond a reasonable doubt. These cases often turn on the meaning and understanding of language. Entrapment and identity are also issues that have to be explored. (See our post, Arrested in an Online Sting: What Happens Next, and our page on federal enticement charges.)
10. Why hire a lawyer who focuses on internet and computer crime?
When I started representing people charged with computer and internet crimes in the early 2000s, and advising companies on these issues, most lawyers didn’t handle these cases. As I explain on my bio page, most lawyers back then didn’t even have a firm website, and the ones with email usually had a Yahoo or AOL address. Few were familiar with the internet, let alone internet-based investigations involving forensics and the latest technology.
Today, most criminal defense websites include a section on internet and computer crime. As with anything, when you talk to potential attorneys, ask about their actual experience representing clients in these cases.
An attorney with deep experience defending these cases in jurisdictions around the country can make a real difference. I don’t have to reinvent the wheel. I know what questions to ask, how to evaluate a case, how to prepare a client for the process, and how to get creative with arguments.
Under Investigation for an Internet or Computer Crime? Let’s Talk.
If your devices have been seized, you’ve received a target letter, or you’ve been contacted by investigators about online activity, contact Attorney Ron Frey of The Frey Law Firm, LLC. Attorney Frey is licensed in Florida, Ohio, and North Carolina and defends internet and computer crime cases in state and federal court. Your consultation is free and confidential, by phone, by video, or at our Tampa office.
Call or text (844) 766-3739. Rapid response, 24/7.
This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. How the law applies depends on the facts of each case. Please don’t rely on this post, or any other information online, to make decisions about your situation. Talk with a lawyer.