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Brian L. Polinske
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Brian Polinske’s Answers

66 total


  • Release and Settlement agreement and Med Pay

    THis is what the release said so do I have to pay the Med Pay?? The undersigned Name does hereby bind himself & his heirs administrators executors & assigns to protect indemnify & save harmless the parties hereby released if any person, firm o...

    Brian’s Answer

    The answer to this is dependent upon other information not in your question. However, you are usually responsible for paying from the settlement proceeds all outstanding medical bills. These are rarely paid for directly from the insurance company (although that does occur). If your release states that you are responsible for the medical bills (as yours appears to state) then it is your responsibility. If Medicare or Medicaid is involved it further complicates matters and ultimately makes you liable. Your attorney should be the person to initiate resolution of these issues on your behalf. Liens are typically filed against all proceeds and are served upon your attorney and opposing counsel prior to settlement. That being said, it is not uncommon that bills are not paid from the proceeds either because the lien holder did not comply with the Lien Act or they just plain did not notify any of the parties that there was an unpaid balance due and owing. Contact your attorney to resolve this matter quickly.

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  • Arrested, money taken out of wallet to be returned in a check for the amount.

    Arrested for battery. Police removed 99 dollars from wallet. When released instead of 99 dollars It was a check for 99 dollars. Due to release on Sunday, with Monday being a holiday. I could not cash check until Tuesday. With not having a credit c...

    Brian’s Answer

    It is strange that the police won't accept a check for you when posting bond but will issue only a check when refunding a bond. I agree that the manner they took care of the bond is legitimate. I also see where you would be upset by the process as it is seemingly unfair. I hope your case is resolved to your satisfaction.

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  • My name is Mike and I was trying to seal my criminal report, but the Police, Bureau of Identification object. What can I do?

    This case resulted in a sentence of court supervision. Pursuant to Illinois compiled statues, 20 ILCS 2630/5.2-b-2-B-ii

    Brian’s Answer

    Aside from the other answers already posted, it is common for the ISP to object. In fact, the States Attorney in Madison County oftentimes objects. Many times the objections have absolutely no basis. For instance a common objection is "due to the nature of the offense". That has no legal bearing on whether the charge will be expunged. But the State routinely makes it. Sometimes the ISP get the client confused and object by mistake. I agree with the other attorneys who have answered that these objections can be withdrawn or ignored by the court if their objection is based in fact and can be simply remedied. Good luck with the expungement.

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  • What happens if you do not comply with conditional discharge?

    After moving back to I'L from KS last year I was pulled over. It was at that time that I found out I had a warrant out for my arrest for two and a half years. After serving 22 days in county jail I plead guilty to a mis. attempted forgery. I was t...

    Brian’s Answer

    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 violation of the conditional discharge I cannot guess the outcome. As stated below you could be sentenced up to the maximum sentence including high fines and jail time. You should immediately obtain counsel to assist with this issue.

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

    I got a DUI two days ago. I blew a .18 and was arrested and booked. I was let go with a traffic ticket for speeding, and two DUI tickets (one for having a BAC over .16). I am going to talk to a lawyer and he mentioned I might be able to get my sus...

    Brian’s Answer

    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 (when awaiting resolution on a DUI).

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  • Criminal.

    They give me today in the court 8 hours community service and no contact And they told me than the case dismissed it's this true and they told that just a ticket And not go to your recored.

    Brian’s Answer

    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.

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  • Should I pay a civil demand for kohls?

    I have received a civil demand letter from Kohls because of a attemtped shoplifting incident a few weeks ago. They are asking me to pay $184.00. Should I pay this? I know they can possible take further action if I don't. But if I do pay it will ...

    Brian’s Answer

    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 of retail theft would be cost prohibitive which is why they choose not to do so. I have had a client recently that decided to pay $500.00 to Macy's. The benefit to her was that the store opted to not appear in court when we set the matter for trial. This resulted in a dismissal of her charge.

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

    Felony dui no breathalyzer no field sobriety

    Brian’s Answer

    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.

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  • 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

    I was at a kmart to purchase one item,went to the lawn and garden to pay,waited for at least 10 min.i saw a lady outside that I assumed was an employee,waved my arm at her she motioned to the parking lot.i have this item in my cart and I don't kno...

    Brian’s Answer

    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.

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  • What could she get

    My wife got busted for stealing a tv from wal mart at around $700 and its the second time but different wal mart and it was for a DVD of $20 and now this what could happen

    Brian’s Answer

    She's definitely felony eligible for two reasons: the value of the property and the earlier commission. Illinois law allows the State to proceed on felony charges if the defendant has a prior commission. The commission does not need to be a conviction. If this is her first felony charge she can expect probation, no time, a low fine, and restitution. If she hires a capable attorney she could negotiate a reduction to the misdemeanor version or a dismissal after her sentence is complete. You should hire a private attorney to represent her immediately. I've practiced in this county for 22 years and have prosecuted many years ago for the State's Attorney.

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