630-260-9647
Recent Blog Posts
When is Spam Illegal?
Almost everyone receives the occasional piece of spam in their email inbox. What many people aren't aware of is that sending these bulk email messages may be considered a computer crime in Illinois.
According to Illinois computer crime law, sending an unsolicited bulk email may be illegal in the state under certain conditions. For example, in many cases the protections but in place by many email and service providers requires the installation of additional computer software in order to send these emails. The law states that installing or attempting to install software that "falsifies or forges electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers" is considered computer tampering, and is illegal.
Illinois Senate Approves Revenge Porn Bill
If you are feeling bitter about a recent breakup, you may want to think carefully before using the Internet to act on those feelings. A common breakup tactic known as revenge porn may soon be considered a computer crime, and a form of harassment and cyberbullying.
According to The DePaulia, on Thursday, February 27, the Illinois State Senate unanimously approved a bill that would criminalize posting sexually explicit photos or videos of another person to the Internet without that person's consent. The bill will now head to the House, and it is expected to be approved.
In addition to making revenge porn a felony offense, the bill also criminalizes charging fees in order to remove the images from a website. The maximum penalty for these offenses, under the bill as it is currently written, would be a $25,000 fine and up to three years in prison. Judges would have the discretion to set lesser penalties.
Illinois to Offer Second Chance Probation for First Time Drug Offenders
First time perpetrators of a drug offense in Illinois may be able to catch a break under a change to several Illinois drug-related laws, including the Illinois Controlled Substances Act, Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections.
According to Illinois HB 3010, anyone who has no prior felony offenses in Illinois or any other state may be able to receive sentence of probation. This change, which took effect on January 1, 2014, applies to any felony offense of a controlled substance punishable as a Class 4 felony for which probation is a possible consequence. This includes possession of methamphetamine. Several other crimes may also be permitted to fall under this change, including:
Distracted Driving in Illinois
As technology has become a larger and larger part of our everyday lives, it has led to a serious issue: distracted driving. One of the most common forms of distracted driving results from using electronic cell phones behind the wheel. However, distracted driving can also include messing around with the radio, eating or drinking, or paying more attention to the passengers in your vehicle than on the road.
According to Illinois State Police, distracted driving is a relevant factor in over 1 million auto accidents in North America annually resulting in serious injuries and deaths. Here in Illinois, there are a few different restrictions regarding distracted driving:
- Ban on all cell phone use for bus drivers;
- Ban on all cell phone use for beginning drivers;
The Basics: School Bus Violations in Illinois
According to the National Highway Traffic Safety Administration, school busses are the safest way to transport children across the country to school. The agency estimates that there are 450,000 school busses around the country helping children get to and from school each day.
Although school bus procedures and designs are created to help promote safety, there's still a lot of misunderstanding about the severity of school bus stop violations. Although some individuals believe these are minor offenses, they can be taken very seriously as criminal charges in Illinois.
The majority of children killed in between school and home are not injured or killed inside the bus. The area around the bus where children board and exit is known as the death zone because of the high risk faced by children.
The most dangerous time for accidents is when smaller children are loading or unloading, and despite traffic laws regarding school bus zones, research indicates that there are violations of these rules on a regular basis. A study from the National Association of State Directors of Pupil Transportation conducted a test earlier this year where they counted 85,279 stop-arm violations during one day.
Illinois Police Increase Effort to Catch Drivers Passing School Buses
Students have been back to school for a few months now, but sometimes it is difficult for drivers to remember that it is illegal to pass school buses in certain situations. The Illinois State Police are making efforts to remind drivers that penalties are associated with these behaviors and that police have been instructed to keep an eye out for violators. If you have been pulled over and charged with illegally passing a school bus, you should hire a criminal attorney to represent you as soon as possible.
The Illinois State Police have launched their Drive Home School Safety Zone messages across the state after numerous school bus drivers reported drivers violating the laws on a regular basis. Local police officers partnered with state law enforcement to patrol school areas during arrival and departure times to monitor activity and catch possible offenders.
Illinois Liquor Control Kicks Off Fall Campaign to Decrease Underage Drinking
The Illinois Liquor Control Commission has used the high school football season as a launch site for a program targeting underage drinking. The program includes educational materials for Your Actions Matter, recognizing that fall sports events are a popular place for teens to be introduced to alcohol. Drinking underage or providing alcohol to minors can have serious consequences for your future, and if you’re been charged with either of these, you need the assistance of an underage drinking criminal attorney.
The program includes cooperation from school districts, law enforcement, parents, local elected officials, and other relevant community leaders to come together and raise awareness about adults who think it’s acceptable to provide alcohol to minors. Illinois law classifies this activity as a Class A misdemeanor with a minimum $500 fine and possible jail time.
Client Avoids Felony Weapons Charge
My client was charged with a Class IV Felony Unlawful Possession of Weapon. I convinced the prosecutor to defer further prosecution against my client if he performed certain conditions. In essence, the Felony charge will be dropped as long the defendant complies with an agreement to perform some community service, pay a fine, etc....
Getting a deferred prosecution in any criminal case is a key way to resolve criminal charges. In this case, my client will avoid the possibility of serving between 1 and 3 years in prison, will not have a felony on his record.
Stephen Brundage provides representation for all felonies, misdemeanors, and traffic charges in DuPage County, Kane County, and surrounding areas. Call 630-260-9647 to discuss your case if you are charged with a crime.
Hit and Run Charges Dismissed
I represented a client who was charged with a Class A misdemeanor Leaving The Scene of a Property Damage Accident (Hit and Run). In speaking to the prosecutor I pointed out the difficulty in proving the case beyond a reasonable doubt because my client did not know he struck the other car. I convinced the prosecutor to amend the charge to a simple moving violation and my client paid a small fine.
When you are charged with a Hit and Run, you face up to one year in jail and fines of up to $2,500.00. Be sure to protect yourself and speak with an experienced attorney who knows the required proof in cases such as this.
The Law Office of Stephen Brundage represents clients in Dupage County and Kane County for all traffic, misdemeanor and felony charges. Call 630-260-9647 to speak with Stephen Brundage, Attorney at Law.
New Illinois Prison Early Release Program To Go In Effect
Under certain circumstances, some inmates can be released early by the Illinois Department of Corrections. The prison gets to decide whether or not some inmates can be released after serving at least 60 days of their sentence. This new law is really the resurrection of a previous program that allowed early release. However, the previous early-release program did not require a minimum period of incarceration of at least 60 days. Some inmates were being released within weeks or days of their initial period of incarceration. The earlier law was stopped about three years ago because it was being abused.
The new law mandates that an inmate serve at least 60 days of the sentence. After 60 days, the Illinois Department of Corrections may allow early release, but is required to look at several factors, such as the crime committed, previous history, etc...
The Law Office of Stephen Brundage concentrates its legal practice in representation of individuals accused of crime in the Dupage County area and surrounding counties. Stephen Brundage has over 20 years of experience in helping people charged with all Felonies and Misdemeanors. Call 630-260-9647 if you have been arrested for a crime.
630-260-9647
From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
