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Brian L. Polinske
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Brian Polinske’s Answers

66 total


  • Bond to stay away from wife, but does NOT include our kids. She refuses arrangement for me to see them. What rights do I have?

    We have children together. My wife took off ("legally kidnapped") our children & moved to another city. My wife had me charged with Domestic Battery, so I have a bond condition to stay away from my wife, but not from our children. I have requested...

    Brian’s Answer

    File a motion to modify the bond conditions. If she files a petition for an order of protection you can oppose same and request visitation/scheduling with the minors.

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  • Pulled over for running a red light, am I screwed?

    I know the light was yellow till i was in the intersection, but the cop says it was red. I have a court date and was wondering what kind of evidence will be brought? If it's his word against mine of course his word is better than mine but if there...

    Brian’s Answer

    Yes there is a way to obtain the dash cam evidence. A recent Supreme Court case with the name of Kladis gives you an opportunity to quash the officer's testimony in court should there exist a tape that is not produced despite your timely request. Get an attorney. www.papc.biz

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  • 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.

    Plus weeks later my vehicle was taken for supposed involvement in a felony crime for indictment. When i was arrested i wasn't given warrant, nor did any officer tell me what i was being arrested for until i bailed myself out of county. i also wasn...

    Brian’s Answer

    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.

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  • Question about conviction vs supervision.

    I had a dui 8 years ago that I got court supervision for. Got thru the SSS and supervision periods with no incidents. I assume that means that it doesnt count as a conviction on my record. I got a dui a few weeks ago. I most certainly will be foun...

    Brian’s Answer

    Yes. If you are convicted of DUI the only possible sentence is a conviction. However, the RDP question is not based solely upon the prior supervision. The RDP is sought via the Secretary of State's Office and they will look at your entire driving abstract. If you have any other alcohol suspensions or violations they can make it difficult to obtain an RDP. You need counsel to represent you at the hearing.

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

    The state attorney and another attorney violated a court order and misappropriated funds. I filed a pro se motion for appointment of counsel but was denied. I then filed a pro se motion to proceed as a poor person (followed requirements) and never...

    Brian’s Answer

    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."

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  • 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?

    I do not have anything on my record.

    Brian’s Answer

    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.

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  • As a defedent can I use notes while testifying?

    Should I memorize the testimony while defending?

    Brian’s Answer

    Typically not until your memory fails regarding the topic upon which you are testifying. Written notes can generally be used to "refresh your recollection or memory." A witness cannot testify from notes unless they have exhausted their memory and are unable to recall the specific information contained in their notes. Yes the notes are discoverable by the prosecutor's office (if its a criminal case).

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  • My lawyers contract states he will employ his best professional skill and experience/ yet we later learned our case was the 1st

    the attorney head of the firm stated in written contract he would employ his best professional skill and experience to serve our needs. we later recieved information the attorney assigned to represent us was barely out of law school this was in fa...

    Brian’s Answer

    Not only could it be a breach of contract but also legal malpractice. If your damages are great enough from the malpractice you may need to consider suing the firm that represented you.

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  • I am already on courtsupervision in illinois. and i just recently got picked up for theft of 300$ less value. what will happen?

    i was 17 when i got my first offense in last november and i turned 18 in april. this last charge happened a few weeks ago and i have court monday. what would be the best route towards leinancy?

    Brian’s Answer

    If you were still on court supervision for the first offense when you received the newest charge the State could file a petition to revoke your first sentence. That means they could ask the court to impose a conviction for the first offense and presumably up to one year in jail (if it was a Class A misdemeanor). An attorney may be able to negotiate a disposition that will keep your first term of supervision in place. Further, he may be able to negotiate a disposition to keep this new charge off of your record. A lot of factors are unknown in your case. As a former prosecutor in this county I'm sure that you could keep both charges off of your record if handled properly.

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  • Being charged for attempted house burglary,but not guilty

    I am being charged for attempted home burglary,but the only evidence is that one of the responding officers supposably seen someone run into the car I was in.

    Brian’s Answer

    You need first to resolve the pending charges. You should retain a qualifed criminal defense attorney immediately. Secondly, if you are able to win the case, you can consider malicious prosecution, false arrest, and perhaps a civil rights violation if no probable cause existed for your arrest. A civil rights attorney in your area could assist you in that endeavor.

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