Unlawfull use of computer - co-owner deleted website, authorities mislead.

[maxamillion125]

What is the name of your state (only U.S. law)? WA


My friend was charged with unlawful use of computer and criminal intent for deleting a company website and some files. The 2 partners in the company had a dispute and the majority owner "fired" the other. After the majority owner realized their website was apparently down and some company files stored online cloud were apparently gone she called the cops and told them she fired an IT employee and he later deleted these files and website without her permission. The cop failed to verify her story or the other person's status as IT employee." She believes because there's nothing in a formal contract that states she offered another person ownership in her company that its not valid. There are text messages, emails, and business cards that says "co-owner." He was also introduced to other clients as co-owner and other employees would testify to the fact that she said he was co-owner. So my question is does the fact that he is co-owner negate those charges of unlawfull use of computer because as co-owner he had authority to access those files. Is this a civil dispute between 2 owners rather then a criminal offense?

 

[cbg]

Just because he had authority to access the files doesn't mean he had authority to delete the files.

 

[maxamillion125]

But would the police still have charged him with 2 felonies knowing he is a co-owner in the company and not some IT whiz hourly employee?

 

[justalayman]

But would the police still have charged him with 2 felonies knowing he is a co-owner in the company and not some IT whiz hourly employee?

you either have no idea what actually happened or you are intentionally failing to provide information.

The system does not work like you describe the situation. It just doesn't.

 

[quincy]

But would the police still have charged him with 2 felonies knowing he is a co-owner in the company and not some IT whiz hourly employee?

It depends on how the business partnership is structured. The partnership agreement should be reviewed.

And then, because the co-owner has been charged with a couple of felonies, he should seek out assistance from an attorney in his area. He cannot handle this through a friend's online research into the matter, and he should not attempt to handle this on his own.

He is being accused of not only criminal offenses but his partner could potentially pursue a civil action against him, as well.


edit to add maxamillion's duplicate thread: https://forum.freeadvice.com/hiring...ted-after-authorities-were-misled-618659.html

 

[maxamillion125]

you either have no idea what actually happened or you are intentionally failing to provide information.

The system does not work like you describe the situation. It just doesn't.

Apparently he had some choice words and caused a little scene on the way out. That combined with the other owner claiming he was the only one with knowledge and access to do these crimes. It sounds a little far fetched but this is what happened. The cops jumped the gun on this without doing proper research and verifying the story. Maybe the other owner knew one of the cops? Who knows, but somehow she was able to convince this police officer.

 

[quincy]

Apparently he had some choice words and caused a little scene on the way out. That combined with the other owner claiming he was the only one with knowledge and access to do these crimes. It sounds a little far fetched but this is what happened. The cops jumped the gun on this without doing proper research and verifying the story. Maybe the other owner knew one of the cops? Who knows, but somehow she was able to convince this police officer.

It is a prosecutor who files charges, not the police. The prosecutor will file charges after the police arrest a person on suspicion of committing a crime. A prosecutor will review the arrest and will not pursue a case against a person unless the prosecutor believes he has evidence enough to support charges.

It is possible that your friend retained all (or equal) rights in the works created and, therefore, he had the right (or equal right) to delete the website and company files. The company files would seem an iffier argument to make - but a review of all agreements made between partners is needed to see if there is a defense there that can be used to your friend's benefit.

Apparently, though, there is some evidence that a crime (or two) was committed by your friend. For this reason, your friend needs to locate a criminal defense attorney in his area. That is the most important information you can pass on to him.