Tampa Internet Crimes Attorney

Police investigators just seized your computer. Or detectives want to “ask a few questions” about your online activity. Maybe you received a target letter mentioning images or files you’ve never seen. Internet crime investigations move fast—and prosecutors build cases for months before you even know you’re a suspect.

I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients facing internet crime charges throughout Tampa Bay. As former litigator in a specialized unit handling sex crimes and technology-driven offenses, I understand how these investigations work—the surveillance techniques, the forensic tools, and the assumptions prosecutors rely on. More importantly, I know how to challenge them.

If you are charged with a cybercrime, my firm, The Brancato Law Firm, P.A., can help.

Internet Crime Charges We Defend

Important: Many internet crime cases involve both state and federal jurisdiction. Federal charges carry mandatory minimum sentences and require defense attorneys experienced in federal court procedures.

The Constructive Possession Defense

Police often assume that if illegal content appears on your device, you’re automatically guilty. However, Florida law requires prosecutors to prove both knowledge of the content and control over it. This standard creates significant defense opportunities when:

• Multiple people use the same computer, tablet, or smartphone
• Shared cloud storage accounts (Google Drive, iCloud, Dropbox) contain disputed files
• Household members or roommates have access to devices
• Malware, remote access, or hacking compromised the device

Consequently, if the State cannot prove you specifically knew about and controlled the content, their case for constructive possession may collapse.

BitTorrent and File-Sharing Defense

Many internet crime prosecutions stem from peer-to-peer file-sharing programs like BitTorrent (uTorrent, qBittorrent), FrostWire, Soulseek, eMule, and Tixati. These programs can automatically share files without your direct knowledge or intent. You might not realize you’re “distributing” content simply by having certain software installed.

Therefore, I challenge these assumptions by demonstrating:

• Software misconfiguration that enabled unintended sharing
• Mislabeled files that disguised actual content
• Third-party access to the device or network
• Automatic seeding features the user never activated intentionally

Challenging Digital Evidence

Internet crime cases depend almost entirely on digital evidence. However, digital evidence isn’t always what prosecutors claim. I work with forensic experts to analyze:

• Cloud Data: Google Drive, iCloud, OneDrive, Dropbox—syncing errors and shared access create doubt
• Timestamps and Metadata: Verifying when files actually appeared and who accessed them
• IP Address Evidence: IP addresses trace to routers, not individuals—especially with unsecured Wi-Fi
• Deleted Files: Recovery context matters—was content intentionally saved or automatically cached?
• Social Media Evidence: Screenshots, messages, and posts can be taken out of context or fabricated

Challenging Law Enforcement Surveillance

Digital intelligence units in Tampa Bay monitor social media, track online activity, and use keyword detection tools—often for months before making an arrest. However, these techniques aren’t infallible. I challenge:

• Illegal surveillance that violated your Fourth Amendment rights
• Overbroad warrants that exceeded constitutional limits
• “Fishing expeditions” based on speculation rather than evidence
• Unreliable forensic tools and questionable analysis methods

Internet Crime Myths vs. Reality

Spoliation: When Evidence Disappears

Digital evidence can disappear—sometimes due to law enforcement mishandling. When police return devices without preserving data, delete partial files, or allow crucial footage to expire, I raise spoliation arguments. Under Florida law (State v. Powers), when prosecutors benefit from missing evidence that could have proven innocence, I file motions seeking dismissal or other remedies.

Frequently Asked Questions About Internet Crime Charges

What should I do if police seize my computer or phone?

First, remain silent and contact an attorney immediately. Do not answer questions about what’s on the device, who used it, or what accounts you have. Don’t consent to additional searches. Don’t try to log into accounts remotely—this could be seen as evidence destruction.

Can I be charged if someone else put content on my device?

The State must prove constructive possession—your knowledge of the content and control over it. If others had access to your device, network, or accounts, this creates reasonable doubt. I work with forensic experts to identify third-party access and challenge the State’s assumptions.

Is using the dark web illegal?

No. Using Tor or other privacy tools is legal. Journalists, whistleblowers, and privacy-conscious citizens use these tools legitimately. However, prosecutors often use “dark web” terminology to create fear and bias. I demystify this technology for juries and challenge prosecution attempts to equate privacy with criminality.

Will my case be state or federal?

Many internet crimes can be prosecuted in either court. Federal cases typically involve larger amounts of content, interstate activity, or federal agency involvement (FBI, HSI). Federal charges often carry harsher mandatory minimums.

How long do internet crime investigations take?

Investigations often run for months—or years—before arrests. If you suspect you’re under investigation, contact an attorney immediately. Early intervention can sometimes prevent charges entirely.

Internet Crime Defense Throughout Tampa Bay

I represent clients facing internet crime charges in state and federal courts across the region:

• Hillsborough County: Tampa, Brandon, Plant City
• Pinellas County: St. Petersburg, Clearwater
• Pasco County

Related Articles

• Google Account Legal Request in Florida – What to Do
• Social Media Evidence in Florida – What You Need to Know
• Messaged a Minor on the Internet – What to Do Next
• Solicitation of a Child Using a Computer in Florida
• Attorney for Video Voyeurism in Florida

Don’t Wait—Internet Crime Investigations Move Fast

By the time police contact you, they’ve often spent months building their case. Early intervention by an experienced attorney can make the difference between charges filed and charges avoided. If you’re under investigation or facing charges for any internet-related offense, contact me immediately for a confidential consultation.

Call (813) 727-7159 Now

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602