Question 1

Will I get my computer/tablet/phone back?

Accepted Answer

The nature of cyber crime cases is that evidence is often held on electronic devices. This can mean that there may be delays in returning devices. Devices may not be returned if they have material which is private, illegal or can be used to commit fraud. If items belong to friends, family or an employer, investigators may agree to release them early or prioritise them for being screened early.

Question 2

Will I be charged with a cyber crime offence?

Accepted Answer

The question of whether a person is going to be charged with an offence depends on a number of factors. The seriousness of the allegation, the strength of the evidence, and the age of the person are probably the three biggest factors but other aspects could be taken into consideration, such as whether the person has ever been in trouble before. If you think you may be investigated or charged with an offence, the best course of action is to take immediate legal advice from a specialist cyber crime lawyer.

Question 3

How can I protect my family members from being charged with an offence?

Accepted Answer

A temptation during the investigation stage of a cyber crime case can be to try to keep family members out of the case by making early admissions, even before the evidence has been provided. This isn’t the best strategy in a criminal case. Prosecutors will usually charge individuals based on the evidence they have, not whether someone else will take responsibility. The best path is to make sure you and family are represented by good cyber crime or internet crime lawyers so that your are all properly protected.

Question 4

Will I go to prison?

Accepted Answer

Whether or not a person goes to prison, depends on several factors. Age, seriousness of the offence, the strength of the evidence, and any mitigation such as having no previous convictions, can all make a difference. Don’t forget that nobody can go to prison unless they are either convicted after a trial or plead guilty. An accusation is not enough on its own.

Question 5

Will I lose my house or other assets?

Accepted Answer

If your case is one involving theft or fraud for a financial amount or one which has resulted in financial loss to somebody, then there is a possibility of confiscation proceedings, only if you are convicted, having pleaded guilty or after a trial where you’re found guilty. That doesn’t mean you will necessarily lose your home, but it can mean that you are subject to a financial penalty after the case under the Proceeds of Crime Act. You should take advice on this rather than assume that this will definitely happen. Proceeds of Crime proceedings do not happen after every criminal case.

Question 6

How long does a cyber crime case last before it ends?

Accepted Answer

A cyber crime case does not have a specific length. Cyber crime cases can range from an interview with police over a tweet all the way to hacking into a government computer system. Clearly, the second of those examples is more complex and will take longer to resolve. The most technical cases can take two or three years before a decision is made whether they will reach a court. It can then be another year or two waiting if there is a trial. This is of course the extreme. Many cases are dealt with in a matter of weeks or months.

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