Skip to main content
Brian L. Polinske
Avvo
Pro

Brian L. Polinske

Practice areas:

Criminal Trials, DUI & DWI, Personal Injury, Discrimination, Civil Rights

About Me

Throughout my life I've been an avid big game and small game hunter.  I've been to Alaska, Canada, and many different states for these pursuits.  I enjoy firearms, own rifles, pistols, muzzloaders and shotguns.  The right to bear arms is one that I value, not only for myself, but also for my clients.  Felonies, and some misdemeanors threaten to remove one's right to bear arms and firearm hunting.  I'm an attorney who takes this liberty very seriously.  I'll take it seriously for you too.


 


I'm a licensed private pilot who routinely flies about 150 hours per year.  I've flown to many different airports including Palwaukee, Atlanta, and other less busy airports.  I'm very familiar with the federal requirements that impact every flight.  I also have other friends that fly different types of aircraft and are a valuable source of information in this endeavor. 


 


I enjoy working with my clients.  I understand their fear entering into the legal arena.  I can offer my vast experience to help lessen their fears.  I believe that explaining every aspect of each proceeding helps my clients understand what they will experience in court.  This in turn eases their minds and helps them in assisting me provide them the best representation they can receive. 


 


My experience as a former prosecutor with the Madison County State's Attorney's Office allowed me to gain valuable insight into the decision-making process which occurs when filing a felony drug offense charge against individuals.  I was involved with the search warrant process when I was an "on-call" assistant prosecutor.  I met with the police, filled out the search warrant affidavits for the officers, presented them to the judge and finalized the Order for the judge's approval.  I then assisted the officers in filling our the return of service papers which stated what evidence was seized pursuant to the warrant.   Although I was new to the felony division I was quickly placed in charge of the entire drug prosecution division.  As a felony drug prosecutor, I convicted many persons charged with every drug offense from manufacturing and distribution to simple possession charges.  This experience was very helpful to me becoming a criminal drug defense attorney.  One particular facet this experience brought to my successful defense of criminal drug defendants not only in Edwardsville, Illinois, but also Madison County and all surrounding counties was the ability to recognize what evidence exists but hasn't been tendered via discovery from the State.  I routinely file supplemental motions for discovery when the State fails to completely fulfill its obligations under S. Ct. Rules.


 


Many other attorneys simply don't understand what information exists but hasn't been produced to them.  I have repeatedly used this information to benefit my clients in very serious drug crimes.  For instance, recently, in Montgomery County, Illinois, I was retained to represent a person charged with a very serious cannabis possession with intent to deliver.  I received the discovery from the State.  I immediately discovered that I was missing quite a bit of information.  I filed a motion for supplemental discovery which was granted at hearing.  The State eventually submitted all the missing information, which included the K9 and his handler's certificates.  I discovered that the K9 was not current in his certification.  A mistake by his handler had allowed it to lapse.  I filed a motion to suppress evidence which was granted.  The case was dismissed.  My client was facing 15 years in prison had he been convicted.  My client in that case had previously consulted with three other attorneys from Chicago and Springfield.  All had told him there was no way out other than a conviction.  When I discussed the case with him he was hesitant to believe me when I told him I identified two potentially fatal flaws with the State's case.  The other attorneys failed to spot the defects.  This is just one example of how diligent discovery in all criminal cases can either "make or break" the State's case.  


 


Another example was a murder case i tried in St. Clair County.  My client had previously hired three other attorneys.  They had all told him the case was solid against him and he should plead guilty to 20 years.  My client was in his mid-50s so that would for all practical purposes have been a life sentence for him.  I spotted one page in the over 500 pages of discovery that had a brief interview with a neighbor of the decedent.  He claimed to have seen a mysterious vehicle drive to and away from the murder victim's house the night she was killed.  I called him in preparation for jury trial.  He told me none of my client's prior attorneys had contacted him.  I was astounded.  He was the key to winning the case.  I tried the case and won.  The point to this?  Again, sloppy pretrial discovery by the other three attorneys had almost led to his being convicted of murder.  


 


Call me to discuss your case if you would like to determine what your best defense may be.  

More 

Photos and Videos

1105510 1272134087

1105510 1272134139

1105510 1272134192

Practice Areas

Licensed since 1992

  1. Criminal Trials: 50%
    23 years, 1 thousand cases
  2. DUI & DWI: 20%
    23 years, 1 thousand cases
  3. Civil Rights: 10%
    23 years, 50 cases
  4. Discrimination: 10%
    23 years, 100 cases
  5. Personal Injury: 10%
    23 years, 300 cases

Payment

Fees:

Contingent (33-40%), Fixed (Sometimes), Free Consultation (15 minutes)

Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

2 total

  • William Louis Vig

    I endorse this lawyer. It's clear to me from Brian's many contributions to the Avvo Q&A forums, as well as his accurate legal guides, that Brian really knows his stuff. If you are in need of an experienced defense attorney in the Edwardsville area, you should certainly give him a call.

    More 

    William Vig DUI & DWI Attorney
    Relationship: Other

  • No photo

    If you are looking to find out who you should hire to represent you in a criminal matter, don't just ask anyone who you should hire. Ask another attorney who they would call for themself or a family member if they need criminal defense advice. In our area of the state, if they have any knowledge, they would tell you to call Brian Polinske. I am an attorney and I can tell you for certain that if I or a family member was in trouble, we would call no one else but him. No criminal defense lawyer is more knowledgeable, or more importantly, works harder than Brian.

    More 

    Thomas Devore Criminal Defense Attorney
    Relationship: Worked together on matter

Contact Info

Polinske & Associates, P.C.

701 North Main Street
Edwardsville, IL, 62025

Polinske & Associates, P.C.

701 North Main Street
Edwardsville, IL, 62025

More 

Resume

License
StateStatusAcquiredUpdated
ILActive And Authorized To Practice Law199205/14/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Top 200National Association of Criminal DUI Defense Attorneys2013

Work Experience
TitleCompany NameDuration
Managing PartnerPolinske & Associates, P.C.1993 - Present
Assistant / 711Madison County States Attorney1990 - 1993

Associations
Association NamePosition NameDuration
DUI Attorney's Litigation NetworkMember2013 - Present
Illinois State Bar AssociationMember1992 - Present
Madison County Bar AssociationN/A1992 - Present
American Bar AssociationMemberN/A
Federal Bar AssociationMemberN/A

Legal Cases
Case NameOutcome
People v. KuekerDismissal Following Motion to Suppress Evidence
People v. TottyThe client won his Motion to Suppress Evidence
People v. GarciaDismissal of the Statutory Summary Suspension

See all Legal Cases 

Publications
Publication NameTitleDate
Driving Under the Influence Isn't Worth the Penalties if ConvictedDUI Penalties In Illinois2014
How to Beat a Speeding in a Construction Zone TicketDefeating a Speeding in a Construction Zone Charge2014
Expungement of a Dismissed Illinois CaseExpungement of a Dismissed Illinois Case2014
Facing a Criminal Charge in Illinois?How Illinois' Criminal Charge Process Works2014

Education
School NameMajorDegreeGraduated
Saint Louis University School of LawN/AN/A1992