Brian L. Polinske’s Answers

Brian L. Polinske

Edwardsville Criminal Defense Attorney.

Contributor Level 10
  1. My lawyers contract states he will employ his best professional skill and experience/ yet we later learned our case was the 1st

    Answered over 4 years ago.

    1. Robert Lee Marshall
    2. Peter Robert Stone
    3. Brian L. Polinske
    3 lawyer answers

    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.

  2. Being charged for attempted house burglary,but not guilty

    Answered over 4 years ago.

    1. Robert Lee Marshall
    2. Brian L. Polinske
    2 lawyer answers

    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.

  3. I dont want charges pressed!!!

    Answered over 4 years ago.

    1. Lawrence Lazzara Jr.
    2. Howard A Snader
    3. Brian L. Polinske
    3 lawyer answers

    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.

  4. What does notice of substitution of counsel mean?

    Answered over 4 years ago.

    1. James D Hicks
    2. Susan Pernick
    3. Brian L. Polinske
    3 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Brian L. Polinske
    1 lawyer 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...

  6. How do I change a plea?

    Answered over 4 years ago.

    1. Brian L. Polinske
    1 lawyer 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...

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

    Answered over 4 years ago.

    1. Brian L. Polinske
    1 lawyer 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.

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

    Answered over 4 years ago.

    1. Brian L. Polinske
    1 lawyer 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.

  9. Can police officers on foot stop you for no reason

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. Brian L. Polinske
    2 lawyer answers

    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...

  10. How long can a department hold a vehicle on a probable cause case? 36 hrs or 72?

    Answered over 4 years ago.

    1. Brian L. Polinske
    1 lawyer answer

    I realize you are in MN. In Illinois a couple of things could be occurring regarding the vehicle. A forfeiture could be a possibility since the charge is a felony DUI. Secondly, the police could be holding the vehicle for some form of continuing investigation. Under the forfeiture proceedings you need to review the applicable state statute regarding the timeline under which the police can pursue. If the police are continuing an investigation there are not really any hardline time limits...

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