Facing criminal charges can be a scary process. At Clark and Glasgow, LLC,
we are experienced and aggressive attorneys who are not only trustworthy,
but who also understand the anxiety you feel. Here are some of the most
common questions people have about criminal matters.
Yes, our firm’s named partners have more than 54 years of cumulative
Clark and Glasgow, LLC, handles any criminal matter, from simple traffic infractions to complex homicide cases, and everything in between. We specialize in property and theft crimes, domestic crimes, violent crimes, gun crimes, DUI’s, traffic and drug offenses. If you face incarceration or a fine, we will handle it.
If possible, contact a criminal defense attorney before you are arrested. Do not accept an invitation from police to have a “nice little chat.” If you have already been arrested, contact a criminal defense attorney immediately. There are procedures that need to be put in place to preserve evidence and witnesses may need to be interviewed while their memories are still fresh.
An experienced criminal defense attorney may be able to prevent you from being arrested while at work or at home in front of your family. They can advise you whether to speak to the police or persuade a prosecutor not to file charges against you. A criminal defense attorney will negotiate with the prosecutor and explain what type of trial is best for your situation.
There is no way to predict what your fees and costs will be without first meeting with you to discuss the facts of your case. As a practical matter, your fees will be directly proportional to how much time your criminal defense attorney anticipates spending on your case which begins with an assessment of the seriousness of your case, your criminal history, whether you were out on bond or on probation or parole when arrested, the facts of the case, and the likelihood of a Jury Trial. Other factors include whether there is an alleged victim and if there are injuries to the alleged victim. Once you decide to retain our office, you will be required to sign a contract, which clearly spells out what you will be charged.
Yes! We encourage you to contact our office and speak with one of our
criminal defense attorneys. The attorneys will assess your situation and let you know what the cost will be based on your individual circumstances.
It is your right to represent yourself in court. However, it is very complex.
There are many nuances in Illinois criminal procedure, and it is easy to make a mistake. It does not matter how educated you are or how clear you think your defense is. Even lawyers are advised to hire counsel when involved as a party in a case.
If you represent yourself, neither the judge nor the prosecutor is going to give you a break. The judge will advise you from the beginning to hire an attorney. If you do not take his or her advice, he or she is likely to have little sympathy for you. The prosecutor will view you as a novice, and could pursue the harshest possible consequences. You will not be advised of the long-term effects of a court disposition, such as losing your driving privileges, FOID card and eligibility for expungement.
The lowest classifications of crimes in Illinois are called Misdemeanors.
Generally, any jail sentence for a Misdemeanor must be served in the County Jail and if not handled properly, could stay on your record permanently. Examples of Misdemeanors include Assault, Disorderly Conduct, Domestic Battery, Trespassing, Theft, Reckless Driving, and Domestic Battery.
The highest classifications of crimes are called Felonies. Most jail sentences for a Felony must be served in the Department of Corrections. A convicted felon may lose the right to vote, travel abroad, bear arms, serve on a jury, or obtain employment in certain fields. Most felony convictions cannot be expunged or sealed. Examples of Felonies include Murder, Burglary, Aggravated Assault or Battery, Aggravated Criminal Sexual Abuse or Assault, and Unlawful Possession of a Controlled Substance.
A DUI could be charged as a Felony depending on the circumstances but is otherwise a misdemeanor.
A plea bargain is a deal struck between the prosecutor and the defense attorney, in which the defendant pleads guilty or does not contest being found guilty in exchange for less harsh consequences than he or she would receive under the charges the prosecutor initially filed.
Prosecutors may accept a plea bargain to reduce their caseload and secure an easy conviction. An experienced defense attorney is best able to negotiate a plea bargain that will have a minimal impact on you and preserve your livelihood.
No. You may have heard that a victim can “drop” or not press charges. However, it is not actually the victim who is pursuing charges against you. It is the People of the State of Illinois, represented in the county in which the crime allegedly occurred by the State’s Attorney.
The prosecutor is the one who actually decides whether or not to press charges. In some cases, they may pursue a case despite the victim asking them not to. This is especially true in domestic violence cases, in which prosecutors generally refuse to drop charges because they fear the victim is seeking to do so to preserve a relationship and will become a victim again.
However, the fact that the victim does not wish to pursue charges can be persuasive. In cases where the victim wants to drop charges, an attorney can help the accused obtain an Affidavit of Non-prosecution from the victim.
Most likely not. The State Attorney’s job is to secure a conviction and they can seek any penalty within the sentencing guidelines of the charge. A person who just gives up is an easy target. Once you plead guilty, you have also given up your chance to obtain a plea bargain.
We represent people arrested in Warren County (Monmouth, IL), Knox County (Galesburg, IL), Henderson County (Oquawka, IL), McDonough County (Macomb, IL), Fulton County (Lewistown, IL), Hancock County (Carthage, IL), Henry County (Cambridge, IL), Mercer County (Aledo, IL), Peoria County (Peoria, IL), Rock Island County (Rock Island, IL) and other surrounding cities.