My exhusband has my computers and network hacked because he has been hacking my emails and changing the passwords.
3 attorney answers
He probably could based just on what you've described. What you've described would most likely fall under the subject of unauthorized access to a computer, and in Florida, if I am not mistaken, that is a felony if proven beyond a reasonable doubt.
I'd recommend you speak with an attorney in your area to discuss this in more details and to get advice on your options.
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Yes, he could go to jail. This type of offense would be considered a third degree felony punishable by upto 5 years in prison and a 5k fine. You should contact an attorney in your area that can help you get a handle on the situation. Best of luck!
This response should not be used as a substitute for obtaining legal advice from an attorney licensed to practice in your jurisdiction. This response does not establish an attorney-client relationship.
The "Florida Computer Crime Act" is found at Florida Statutes Sections 815.01-815.07 (a link follows:
Please see http://statelaws.findlaw.com/florida-law/florida-computer-crimes-laws.html#sthash.hILXtRhZ.dpuf ).
Generally, this Act sets the prosecution of an offense against computer users as a third degree felony, punishable by a term of imprisonment for up to five years, a fine in an amount up to $5,000, or both. If the offense causes over $5,000 in damage, carries out a scheme to commit fraud or theft, interrupts governmental operations, or disrupts public services, state laws increase the offense to a second degree felony. Florida state laws set a term of imprisonment for up to fifteen years, a fine in an amount up to $10,000, or both. If the offense endangers human life, the offense becomes a first degree felony, which may result in a term of imprisonment for up to thirty years, a fine in an amount up to $10,000, or both. Further, an offense against intellectual property similarly requires prosecution as a third degree felony, with the accompanying punishments, unless the offense qualifies as a second degree felony because the defendant intended to commit fraud or theft.
If you have been victimized and you wish to report it then call the cops. They may not be tech savvy but you can tell them about F.S. Chapter 815. If you are lucky they'll be able to do the math. If not then don't fret. You can still make a direct complaint at the Broward State Attorney;s Office. And if all that fails, and if you wish to prosecute, then consider hiring a criminal defense lawyer to serve as your "victim right's advocate".
In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.
Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim's rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim's rights advocates.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)