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Brian L. Polinske
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Brian Polinske’s Answers

66 total


  • Can This Be Expunged Or Sealed From My Record

    Can This Be Expunged From My Record I Was 21 I Got Into Some Trouble Retail Theft I Was Given 1 Year Of Probation I Paid My Restitution And Haven't Been In Trouble Since

    Brian’s Answer

    I agree with most of the other answers. As a practicing attorney in Madison County, a conviction may be negotiable depending on your background and the circumstances of the case. If you are experiencing hardship you can retain an attorney to approach the prosecutor's office to determine whether any leniency in the form of reopening the case and entering a new disposition may occur. Contact a qualified criminal defense attorney for further inquiry.

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  • What kind of level felonies i have? Is there a possible to expunge one of these?

    So i was caught defacing (graffiti) on a wall in a park area that was charged as a misdemeanor. but got caught again within a year defacing a green mailbox, I think is considered destroying federal property which was considered a felony, and the ...

    Brian’s Answer

    I'm confused. The charges are either misdemeanors or felonies. They can't be both. You should immediately contact a qualified expungement attorney who can review your criminal history to help you determine whether you qualify for such relief. Any conviction prevents you from obtaining an expungement. You may qualify for a Petition to Seal. Again, contact a qualified attorney who can assist you with this complicated process.

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  • I received a Statutory Summary of Suspension and on the report it does not state reasonable grounds. Defective?

    I was served with a sworn report for a statutory summary of suspension. On the report, it leaves an area to write reasonable grounds. On the one I have it is blank. It doesn't state that this is optional. Does my ticket for "failure to reduce spee...

    Brian’s Answer

    If the portion you speak of is completely blank the SOS may not begin the SSS. So, YES the blank form is a defect that could affect your SSS. Now here is another important aspect you need to look into. There are multiple carbon copies of your form. Oftentimes when the police err on this form they fill out the missing or incorrect information on theirs. This may or may not be sent to the court. Check the police officer's copy (via discovery) and the Court's copy. If there are variations it could lead to trouble for the State's case. The officer may amend this "Scrivener's Error" at anytime. This fact will lead the prosecutor and court to the conclusion that the officers either hasn't been properly trained or is sloppy. You can definitely use this information to your advantage during negotiations. Good Luck!

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  • Statutory Summary Suspension for DUI. Second DUI offense while the first offense is in not yet in effect

    My DUIs happened a week apart in IL while SSS was not yet in effect after the 1st offence. The DL was still valid after the fisrt DUI and at the time of a 2nd DUI offence. Am I considerd to be a "first-time" offender in order to remove a 2nd statu...

    Brian’s Answer

    You will be considered a second time offender for the 2nd SSS. If you refused you are facing a 3 year SSS with no possibility for a hardship permit (MDDP). If you submitted to testing you are facing a one year SSS.

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  • Can bond be increased after posting and being released?

    I got charged and arrested for 'obstruction of justice' in Illinois about 3 weeks ago. I stayed overnight in the county jail to see the judge the next morning for my bond amount. It was set at $500 and posted almost right after my bond hearing. ...

    Brian’s Answer

    The quick answer is that normally NO the bond amount won't be higher than that initially posted. The State can file a motion to increase or simply have a higher amount established on the felony warrant that accompanies the newer charge. My experience is that the judge's routinely grant the State's motions to raise bond without a hearing taking place. While it seems that a hearing would be required in such a proceeding, the unfortunate truth is that it normally doesn't work that way.

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  • What will happen if I don't pay a civil liability fine that I received from Walmart for shoplifting?

    The police were called and I should have went to jail but the officer did not charge me with theft, but I did receive a city ordinance ticket for shoplifting. I have a court date in June but recently Walmart sent me a civil liability fine in the m...

    Brian’s Answer

    These cases are usually handled first by in-house counsel and then an attorney named Asa from NY. They generate three letters and will stop after that time. Law allows them to pursue civil costs against persons who have committed retail theft. I have defended people for many years and responded to these letters on their behalves. I have never had a client actually become a civil defendant in this type of scenario. I generally send them a letter advising to have no further contact with my client (which they sometimes ignore). I assume enough persons who receive these letters pay to make this endeavor worthwhile for the attorney sending out the intent to sue letters.

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  • False police report.

    I have been stopped by a local officer twice in last 18 months for no reason and haven't been stopped in 20 years prior. This officer pulled me over, accused me of being drunk and then called my employer and provided completely fabricated scenario...

    Brian’s Answer

    If there wasn't reasonable suspicion for initiating the traffic stops then you could potentially file a civil rights suit. It seems odd that you would have suffered pay loss and the other items. If the facts were falsified you could definitely file a section 1983 false arrest, and state malicious prosecution claim. Defamation could be filed as well. Contact a local attorney who is experienced in this type of case.

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  • Can text messages be used in court from 5 years ago?

    Can text message contents be found from a phone company and Braught to court from five years prior on a custody case that already took place in 2009 ? We went to court in 2009 the texts were never Braught up in court and now 5 years later he wants...

    Brian’s Answer

    I agree that it is unlikely the information will exist unless they were subpoenaed within a relatively short period of time after the text was created. By a short period of time I mean 90 days. Typically that information is not retained longer than that.

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  • Can i be denied the right to contact someone,prior to taking the breath test at station?,or am i required to take one on street.

    on new years day i was parked on side of the road with my flashers on while using phone,the car was running,because it was cold,when a police officer pulled up behind me to make a long story short. i was arrested for dui i have physical reasons ...

    Brian’s Answer

    The other answers are correct. One thought that may apply to your case, if you have severe physical limitations that prevent you from completing the breath sampling, the officers may request a urine or blood test (or both). It sounds like you informed them of the issue and they chose not to accommodate your needs. That in and of itself doesn't invalidate the test (or lack thereof). However, it is evidence of very sloppy police work. Those issues always resonate with jurors. Good luck on your defense.

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  • Regarding being laid off after filing a sexual harassment complaint two weeks ago the company is now hiring. Do I have a suit

    I filed a sexual harassment complaint against my boss. Who was sleeping with his boss. So I went above to the regional manager. After filing the complaint the harasser quit. His girlfriend my at the time now my immediate boss came yelling at me s...

    Brian’s Answer

    Yes. If you can prove you have been retaliated against you have a separate claim against the employer. If you need help on this issue contact a qualified attorney in your area.

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