As technology becomes a more prominent part of everyday life, it is only natural that lawmakers across the country would follow suit by creating computer-related legislation.
A top criminal lawyer in Michigan would immediately point to state MCLÂ 752.795 which states:
“A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following: Access or cause access to be made to a computer program, computer, computer system or computer new work to acquire, alter, damage, delete or destroy property or otherwise use the service of a computer program, computer, computer system or computer network.”
How Does This Apply To Domestic and Family Cases?
Generally, this law is designed to protect citizens from white collar crimes such as identity theft or intellectual theft. However, a recent case of a Michigan man facing trial for reading his wife’s email raises a serious question: how does this legislation apply to domestic and family cases? Legal experts estimate that 45 percent of divorce cases somehow involve some snooping and gathering of information found online, whether it be through email or Facebook. However, parties using this information usually do so for civil reasons, not criminal.
Rochester Hills resident Leon Walker, 33, is being charged with a felony computer crime after accessing the email account of his then-wife, Clara Walker. According to The Detroit Free Press, Walker logged onto a laptop that the couple shared and used her password to read her emails. It was during this unauthorized search that Walker discovered his wife was having an affair. Unfortunately for Walker, his troubles only continued after his wife filed for divorce and he now faces a February 7th trial.
This case caught the attention of many Michigan criminal lawyers, as this is the very first time that this particular statute has been applied to a domestic case. Although legal experts predict that this case may be hard for the prosecution to prove, it will be interesting to see the outcome as there is no precedent set for these legal questions. Experts predict that because the couple lived together and the defendant had regular access to the computer, Walker may luck out. The massive amount of gray area in this case could make it easy for the defense to prove that Clara Walker did not have absolute expectation of privacy, given the circumstances.
The ever-increasing presence of technology in every day life will undoubtedly make computer-related legislation more complex and difficult to navigate. If accused of a computer crime, it is essential to seek the help of the best criminal lawyer available, who has extensive knowledge and experience dealing with technologically-related cases. This is the first step to ensuring that a defendant receives superior legal advice and legal representation throughout the criminal defense process, protecting defendant’s personal liberties and freedoms.