Brian L. Polinske’s Answers

Brian L. Polinske

Edwardsville Criminal Defense Attorney.

Contributor Level 10
  1. Criminal.

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Brian L. Polinske
    3. Alexander M. Ivakhnenko
    4. Anthony Michael Solis
    4 lawyer answers

    It is most likely court supervision has been offered to you. While technically this is not a conviction, the arrest will always appear on your NCIC record. Even if you pursue an expungement it will not erase the conviction from that record.

    5 lawyers agreed with this answer

  2. If I refuse all tests on a dui arrest, can the officer get a court order for a blood test?

    Answered over 1 year ago.

    1. Jeremy Wayne Sackett
    2. Ted Harvatin
    3. Peter John Marek
    4. Brian L. Polinske
    5. James A Charnesky
    6. ···
    6 lawyer answers

    The short answer is yes. Search warrants may be used to collect such evidence albeit they rarely are. If it is more than a few hours after the fact, the only way they could possible seek relevant blood test evidence would be to subpoena the records for medical treatment. I'm not sure that is even an issue in your case. It seems that unless the officer did so immediately the time that has passed makes this issue irrelevant.

    5 lawyers agreed with this answer

  3. What happens if you do not comply with conditional discharge?

    Answered 12 months ago.

    1. Elizabeth Marie Vonau
    2. Judy A. Goldstein
    3. Brian L. Polinske
    3 lawyer answers

    Unfortunately your concerns about the initial plea are waived unless you took action to vacate the sentence within 30 days after the plea. Moving on to the sentence and the conditional discharge conditions, you must comply with all of them. Typically, if a fine or costs are not paid you can request additional time to comply. The State will file what is called a Petition to Revoke if they believe grounds exist to revoke your sentence. Without knowing the exact nature of the specific...

    3 lawyers agreed with this answer

  4. Can I get my summary suspension rescinded in IL if the police officer forgot to sign my summary suspension receipt?

    Answered about 1 year ago.

    1. Ted Harvatin
    2. Matthew R. Gebhardt
    3. Steven Andrew Kozicki
    4. Daniel G. Galivan
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    The simple answer is no. This is what the court's construe to be a scrivener's error. The portion of the page that you are referring to is not even a necessary portion of the SSS. In reality you don't even need that portion of the page to drive prior to the SSS start date. You can show the officer that paper if you desire coupled with any of your citations and that would suffice. I have never had a client call me to advise they had received a new ticket because they didn't have a license (...

    3 lawyers agreed with this answer

  5. I was picked up on a sealed felony warrant for supposed selling to a c/i 4 times. I am told i cant get the affidavit.

    Answered over 2 years ago.

    1. Joshua Sachs
    2. Judy A. Goldstein
    3. John P. Yetter
    4. Brian L. Polinske
    5. Melissa I. Smejkal
    5 lawyer answers

    Get an attorney who is competent in both forfeiture and criminal defense. Both issues are obviously relevant to your representation. A sealed warrant is an option at the request of the State and discretion of the judge. You can obtain the c/i information if they are necessary witnesses against you regarding any one of the sales. You must file the appropriate motion. You will be receiving a Notice of Forfeiture via registered mail if the State intends on forfeiting the property.

    2 lawyers agreed with this answer

  6. The clerk, working, with state attorney, is thwarting my access to the court. What can I do?

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. Brian L. Polinske
    3. Barry Franklin Poulson
    3 lawyer answers

    Sounds like you are facing misdemeanor charge(s) and the State is not seeking jail time. This allows the judge to deny your request for a public defender. Indigency is the basis for appointment. But, if jail time is not an issue you have no right for a defender. This does not block your access to the court. I have no idea what you are referring to about "misappropriated funds."

    2 lawyers agreed with this answer

  7. Should I pay a civil demand for kohls?

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Alan James Brinkmeier
    3. Brian L. Polinske
    3 lawyer answers

    You should not. As the answer before states the retailer will most likely not take action against you. Kohn's and other stores routinely generate this type of letter from firms either in NY or FL. I have represented clients in these types of matters for over 10 years (approx when they began to do so). I have no clients named in a civil forfeiture lawsuit from non-payment. The amount they are requesting is odd however. Usually its $500.00. To file lawsuits against each person suspected...

    1 lawyer agreed with this answer

  8. I have a court date to tell my side of why I should not be found guilty of retail theft.i can not afford an attorney,any advice

    Answered over 1 year ago.

    1. Brian L. Polinske
    2. Judy A. Goldstein
    3. Alan James Brinkmeier
    3 lawyer answers

    Despite what counsel has stated you may not be eligible for a public defender. Madison County, like many other counties, does not grant a public defender unless you are facing jail time. The State will be asked if they are seeking jail time. If they answer negatively you will not be granted a public defender. To hire a private attorney will generally assure you of the best end results. Make sure they are qualified and have experience representing clients in Madison County.

    1 lawyer agreed with this answer

  9. I got caught selling alcohol to a minor and got a ticket and a notice to appear in court. What should I do? Get a lawyer?

    Answered over 2 years ago.

    1. Thomas Edward Florek
    2. Judy A. Goldstein
    3. Melissa I. Smejkal
    4. Brian L. Polinske
    5. Jeffrey Anthony Skiendziul
    5 lawyer answers

    I have defended people charged with that offense in Madison County for 20 years. If you obtain an attorney you will most likely be able to keep that offense from becoming a conviction against you. Call us at 618.692.6520 for assistance.

    1 lawyer agreed with this answer

  10. If I feel my complaint about workplace discrimination is being ignored by EEOC, what can I do.

    Answered over 4 years ago.

    1. Brian L. Polinske
    2. Paula Jeanette Mcgill
    2 lawyer answers

    You should request your right to sue letter from the EEOC investigator handling the claim. Just because the EEOC doesn't want to pursue the claim for you doesn't mean you can't retain private counsel to pursue on your behalf. My experience is that the EEOC only wants to pursue the claims for you that can become class actions, large groups of plaintiffs, or the most easy claims that are investigated. Their decision to accept the claim doesn't mean the claim is without merit.

    Selected as best answer

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