Skip to main content
Brian L. Polinske
Avvo
Pro

Brian Polinske’s Answers

66 total

  • I dont want charges pressed!!!

    i called the cops on my bfreind when he chocked me. i dont want to press charges i provoked him to do it. they took pics and i filled out a detailed report. they said they are going to pick up the charges and that they dontneed me. if i just dont ...

    Brian’s Answer

    You should contact the prosecutor's office immediately to advise that you are an uncooperative witness and desire charges be dismissed. Unfortunately the prosecutor has all the discretion over whether the case is dismissed or not. This type of charge is very hard to pursue without the cooperation of the alleged victim.

    See question 
  • What does notice of substitution of counsel mean?

    if a respondent gives notice that an attorney from the same law firm in a different city is substituted in as attorney of record in place of other attorney from same law firm. does that mean th the original attorney is no longe representing the re...

    Brian’s Answer

    Yes. That is exactly what it means. Routinely attorneys leave firms. The firm is still representing the client in the defense of the matter. So another attorney takes over primary responsibility for the defense.

    See question 
  • Can I sue the person who stabbed me seven times

    I got stabbed seven times 4 times in the back 2 times in the arm and once in the side barley missed my lung it has been a year but my injuries still cuase alot of pain

    Brian’s Answer

    It sounds like you can sue for personal injuries and emotional distress associated wtih the events you described. Check with a local qualified civil attorney to discuss the limitations period and probability of satisfying any judgment you may receive from the lawsuit. Also, you may wish to check with the attorney to determine whether any other entity could be liable (i.e. dram shop, etc.,). Good Luck.

    See question 
  • What can I do if someone is slandering, harassing and trying to ruin my life on the internet?

    I recently became involved in a relationship with my friends exhusband. They have not been together in over 8 years no children together. I felt I needed to be honest so I emailed her telling her. I live in Florida she is in California. Since I em...

    Brian’s Answer

    Defamation (slander or libel) is the publishing of untrue information. Any type of publication can suffice to maintain this type of action. Offensive statements are not actionable unless they are untrue. You can typically file this type of lawsuit within a shortened period of limitations. You need to immediately contact a qualified civil law attorney in Florida to determine first, whether the action properly lies in Florida (depending on where the materials are published) and secondly whether you can file this claim based on the facts in your case. Good luck.

    See question 
  • How do I change a plea?

    I was charged with family domestic violence about 7 months ago and was forced to plead guilty. I was told that I wouldnt get out of jail for a while until we we went to court the following year without taking their deal. I was arrested in 2005 and...

    Brian’s Answer

    Unfortunately there is probably nothing you can do since your time to withdraw your guilty plea is limited by statute. Typically you have 30 days to file a motion to withdraw your plea for whatever reason you believe created an unfair situation. These motions are typically denied. The next step is to appeal the case to the appropriate court. Those motions are also typically denied. Your best grounds would be if the judge failed to advise you at the time of plea of your right to file a motion to withdraw your guilty plea or to appeal. You will need to consult a qualified criminal defense attorney to assist you.

    See question 
  • Is there a way that i can get the state to not press domestic abuse charges on my boyfriend?

    i cheated on my boyfriend and he knew about it we got physical with eachother and i got hurt called the police and now he got a paper in the mail saying theres a warrent for his arrest hes not a legal citizen here i dont want him to go to jail or ...

    Brian’s Answer

    The answer is maybe. You can request the State not pursue charges. The case belongs to the State though and not you. Usually your noncooperation will play a part in the prosecutor's decision to move forward or to dismiss the case. You should immediately contact your boyfriend's counsel and follow his/her instructions.

    See question 
  • When serving someone with a protection order, what happens if the respondent won't phsically take the papers?

    I am having a family member serve someone with a protection order and worried that the respondent won't phsically accept the papers.

    Brian’s Answer

    The respondent will have to accept service from the sheriffs deputy. If he evades service and it can be proven he could be charged with obstruction of process or a similar statutory violation. He probably won't be able to elude service very long.

    See question 
  • Can police officers on foot stop you for no reason

    Can a police officer not in his car randomly stop cars waiting a signal light for no reason and make you pull over. This is unconstitutional . Is this legal. Do I need to stop for them. I am not breaking any laws. iIs my race status violated, disc...

    Brian’s Answer

    A police officer cannot stop you for no reason. However, if he has reason to believe you are committing an offense he may detain you briefly. It sounds like the officer may have been conducting some kind of a roadblock without using a vehicle. I have clients who have been stopped in this manner. That type of a stop is legitimate only if the police comply with the ruling in Michigan v. Sitz. If they are not acting according to law then their actions may be unconstitutional. You should contact a qualified criminal defense or civil rights attorney.

    See question 
  • How long before I would be eligible for court supervision on a traffic ticket again?

    I live in kendall county, yorkville, illinois. and just received my first ever traffic ticket. I was told that if I went to court and asked for supervision, that it would not go on my record. After my 90 day supervision period is over, what happ...

    Brian’s Answer

    Typically one year. An attorney may be able to "bend" the rule to your benefit. Each jurisdiction seems to have different enforcement of the one year rule. After your supervision period is over the case is technically dismissed. The court loses jurisdiction over the ticket when the supervision period has concluded.

    See question 
  • Im Renting a townhouse and its been infested with cockroaches, can i move out and get my deposit even if it was a 1yr lease

    ive paid all rent on time, for five months, the landlord had not sucessfully terminated the problem, and both them and i are spraying frequently

    Brian’s Answer

    You may be able to terminate the lease prematurely given the circumstances. If the residence is unlivable due to pests you can argue a constructive breach of the lease by the landlord. I would recommend you notify the landlord immediately, in writing, describing fully all the problems that you believe make the premises unlivable.

    See question