Brian L. Polinske’s Answers

Brian L. Polinske

Edwardsville Criminal Defense Attorney.

Contributor Level 10
  1. False police report.

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Brian L. Polinske
    3. Thomas J. Wagner
    3 lawyer answers

    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.

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

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Bruce E. Burdick
    3. Brian L. Polinske
    4. Kevin W. Thomas
    4 lawyer answers

    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.

  3. 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.

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Harold L. Wallin
    3. Ted Harvatin
    4. Brian L. Polinske
    5. Jason Blake Stevens
    5 lawyer answers

    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...

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

    Answered about 1 year ago.

    1. Ross Jeffrey Peters
    2. Josh Michael Friedman
    3. Alan James Brinkmeier
    4. Stephen Aron Glickman
    5. Brian L. Polinske
    5 lawyer answers

    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. www.papc.biz

  5. Release and Settlement agreement and Med Pay

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Brian L. Polinske
    2 lawyer answers

    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...

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

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Alexander M. Ivakhnenko
    3. Brian L. Polinske
    4. Robert Jason De Groot
    4 lawyer answers

    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.

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

    Answered about 1 year ago.

    1. Joshua Sachs
    2. Judy A. Goldstein
    3. Alan James Brinkmeier
    4. Jeffrey Allen Fagan
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    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...

  8. What could she get

    Answered over 1 year ago.

    1. Theodor Kaplun
    2. Judy A. Goldstein
    3. Melissa I. Smejkal
    4. Mark J. Issa
    5. Brian L. Polinske
    5 lawyer answers

    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...

  9. Question about conviction vs supervision.

    Answered over 2 years ago.

    1. Ted Harvatin
    2. Salim John Sheikh
    3. Daniel G. Galivan
    4. Mechislav Furman
    5. Brian L. Polinske
    5 lawyer answers

    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.

  10. As a defedent can I use notes while testifying?

    Answered almost 5 years ago.

    1. Alan James Brinkmeier
    2. Brian L. Polinske
    3. Stephen F Wallace
    3 lawyer answers

    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).

Call now for a free consultation.

618-692-6520