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Newsflash

During computer crime cases, the government usually counts with an attorney prosecutor and several computer forensics and other technical experts on the government's payroll.  Defense attorneys must be prepared with competent technical experts to ensure a fair trial.

Virginia Computer Crime Defense - Computer Forensics Expert Witness
AVM Technology - Virginia Computer Forensics Experts With Unique Legal and Technical Training PDF Print E-mail

AVM Technology - The computer forensics expert company created to fill the need for Virginia computer forensics experts that can be effective during a highly contested computer crime matter.

Do we believe that this requires that the computer forensics expert witness have a law degree in addition to a technical degree and expertise?  Do we believe that this requires that the Virginia computer forensics expert have actually try important computer crime cases as an attorney prior to getting involved with computer forensics?The short answer to both questions is yes, we believe that these are requirements. Now, we understand that a Virginia computer forensics expert is certainly not required to have a law degree and actually have tried these cases in order to provide an effective opinion regarding electronic evidence.  We simply believe that the extra qualifications make excellence more attainable.

We define effective computer forensics expert testimony as

  1. Understanding of the technical aspects of computer crime accusations;
  2. The ability to find technical imperfections in the government's case
  3. The ability to assist the criminal defense attorney in understanding how these problems in the government's case can be best explained to the court and the jury;
  4. The ability to understand both the technical and the legal strategy of the case;
  5. The ability to effectively testify about technical matters in a manner that could be understood by non-technical people;
  6. The ability to successfully handle aggressive cross examination and to not be shaken up by a "pitbull" opposing counsel.

We are Virginia computer expert witnesses with both technical and legal experience.  Some computer forensics expert witnesses are very effective with the technology, but not with testifying in court.  Many of these computer forensics experts can be very effective for civil matters and electronic discovery, but not for criminal cases.  Most attorneys understand that in front of a jury, a computer forensics expert must show not only technical knowledge but must also be able to effectively present the expert's finding and to withstand the attacks of the opposing counsel.  Attorneys or individuals accused of computer crimes in Virginia would like in their corned a computer forensics expert who understands the legal system and has effectively faced juries under the pressure of a contested criminal trial. - That is where we are unique.  We have not only served as computer forensics expert witnesses but have also effectively tried cases ourselves prior to creating AVM Technology.

In Virginia, the prosecution of computer crimes is growing exponentially.  To account for the increase in computer crimes, police departments and the FBI are training and employing technical people.  Some police detectives have several computer forensics certifications.  On one prosecution's side, the prosecution team probably counts on the government's attorney, the case agent, and the technical advisers.  On the other hand, attorneys generally do not have this type of expertise.  Some attorneys realize this limitation and bring in a computer expert witness.  Some of these computer expert witnesses are competent from a technical standpoint but may not be able to withstand the rigors of cross-examination and trial testimony.  At AVM Technology, we strive for excellence, from the moment we review the electronic evidence, to the time when we assist the defense attorney in finding potential flaws with the evidence or the methodology, to the time when we present our findings in court.

Some cases where we can serve as computer experts during cyber crime cases include:

  • Criminal computer hacking, or computer unauthorized access – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of hacking, unauthorized access or violations of the Computer Trespassing and Computer Fraud statutes.
  • Computer solicitation of a minor over the Internet (Yahoo chat rooms, Facebook, Craigslist, and others) – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of using communications devices to facilitate certain offenses involving minors. Most of these charges involve police officers posing as minors in Internet chat rooms, Yahoo being the most popular law enforcement site.
  • Possession of Internet child pornography – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of possession or distribution of child pornography. These cases may involve issues related to file sharing software that are highly technical in nature. Are the photos really illegal?  Can the source of the photos be traced to a lawful source therefore removing the element of intentional possession?  These are questions that we can assist with.
  • Internet identity theft and aggravated identity theft – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of Identity Theft, aggravated identity theft, trafficking access devices, stolen credit cards, or social security numbers.
  • Internet violations of the Computer Fraud and Abuse Act, Access Device Fraud, and Trafficking in Passwords - Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of violating the Federal Computer Fraud and Abuse Act.
  • Virginia computer fraud under the Virginia Computer Crimes Act - Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of Virginia computer fraud or computer trespass.
  • Computer embezzlement under the Virginia Computer Crimes Act – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of computer embezzlement.
  • Cyber stalking – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of cyber stalking. These cases may be complicated, especially when the prosecution is based on unclear allegations and paper based evidence printouts. Unless challenged with the appropriate expertise, the Court may accept these printouts as evidence, resulting in a conviction.
  • Criminal Copyright Infringement – An improperly channeled entrepreneurial spirit could cost you… downloading, sharing, or selling songs, movies, software, documents, or other files may cost you a Federal prison sentence. We can assist you with our experience in Computer forensics and technology. We obtained the first jury not guilty verdict in a Federal Internet music piracy case.

 

Virginia computer forensics expert, computer expert witness, assisting Virginia lawyers handling computer crime cases throughout VA including without limitation Fairfax County, Henrico County, Richmond City, Chesterfield County, Hanover County, Petersburg County, Prince William County, Hopewell, Petersburg, Dinwiddie, Quantico, Virginia Beach, Norfolk, Chesapeake, Fredericksburg, Stafford, Spotsylvania, Newport News, Hampton, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Manassas, Woodbridge, Charles City, James City, Gloucester, Portsmouth, Shenandoah, Prince George, Sussex, New Kent, West End of Richmond, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, Alexandria, Norfolk, and Newport News Divisions).

 

 

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