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Brian L. Polinske
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Brian Polinske’s Answers

66 total


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

    Police found my bullit on my keychain that has my grandfathers ashes in it. I was pulled over and cited for dui it not being a felony it is my second. they are saying that they are not going to release my vehicle till they are ready. This is an il...

    Brian’s 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 they must comply with. Lastly, assuming they are just holding the vehicle pursuant to your arrest each department should have written guidelines regarding exactly how long they can temporarily impound your vehicle. You should immediately contact a qualified DUI attorney locally to further answer your inquiries.

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  • Will my domestic violence case go to court?

    My husband and I became involved in a dispute in which he slapped me and cut my lip. In the moment of rage I called the police department. They came and I filed a police report but refused to press charges. I am now in the process of getting a div...

    Brian’s Answer

    The case can still go to court. The prosecutor's office has all the discretion to determine whether or not they will pursue this matter. Each case strongly depends on the fact evidence which exists. In this case it sounds like the prosecution has photographic evidence of your lip. If your husband gave any type of an admission against interest the prosecutor may still be able to continue the case even without your consent. If you want the charge dismissed your best avenue is to contact the prosecutor directly and tell them that.

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  • How to Expunge Faked Pictures in DV Case

    My former spouse took fake pictures of bruises on her legs to help her case.The case never went to trial the charges were dropped. However during the time in court the judge showed these fake pictures.Her court appointed lawyer gave the pictures ...

    Brian’s Answer

    You can attempt to seal the contents of the file. In Ilinois this is called a Motion to Seal. If the contents are truly exhibits that were used as evidence in the case they may remain part of the file. Judges typically order the exhibits released back to the litigants after the appeals portion of the case has elapsed.

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  • What to do about a off the wall false Temporary Protective Order?

    On May 13 my Husband and myself went to the court house and filed paperwork to get him legitimized and be awarded visitation then to the Sheriffs dpt to make sure since there was no court order against my husband that he could go up to the school ...

    Brian’s Answer

    Your husband has a right to contest the issuance. Further, he can contest the extension hearing if one is sought. False claims in that type of a situation are very common. Often the order of protection is used as a weapon against a former spouse or partner. Your husband must answer the Order by the deadline that should be stated on the summons. He would be wise to retain experienced counsel to defend the matter. You may wish to contact local divorce/family attorneys to see if they can assist you.

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  • My friend was sexually assaulted by a on duty police officer, he was convicted and he got 60 days.

    She was only 16years old when this occured at the end of '08. This has affected her life tremendously. I do believe that she did not get very good legal advice and was pushed thru the system so they could keep it quiet. He was ordered to pay res...

    Brian’s Answer

    Usually, an employer is sued for negligent retention/hiring in this type of situation. However, the government is typically immune from negligent acts pursuant to statute. If California has such a statute it needs to be analyzed whether filing such a claim will result only in a dismissal. If the claim(s) have already been resolved (I don't know if they have based upon your facts) then she may not be able to pursue a legal claim in court. Since she was a minor when the case was apparently settled her parent(s) would have been her legal representative. From your statement it sounds as if restitution may have been ordered during the criminal case sentence. If so, she can pursue a civil claim. Assuming that she has the ability to file a civil lawsuit she can file a tort claim in court usually up to two years after she reaches the age of majority. She will need an attorney. Unfortunately, depending on the facts of her case she may not be able to successfully pursue the governmental entity that employed the police officer.

    Her best advice is to consult a qualified civil/personal injury attorney immediately.

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  • I punched someone one time at a stop light. What can i get in trouble for?

    He was insulting me along with rude hand gestures at a stop light. After it was done which took all of 5 seconds. He drove away, i drove away nothing else.

    Brian’s Answer

    You could be charged with misdemeanor battery or felony aggravated battery (since it happened on a public way). Probably nothing will come of the situation however.

    www.papc.biz

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  • What are my rights as far as college police are concerned?

    Recently I was sound asleep and woken up by several College Police banging at my door. I was stunned, upset and wanted to know what the problem was. They initally said "they smelled pot", then because the toilet was leaking maybe I flushed somethi...

    Brian’s Answer

    You have the same rights with the college police that you do regarding any police officers. They cannot enter your residence without a warrant or consent. Any resident may grant them general consent to enter your premises. Unfortunately, the school council that will hear their complaint against you is not governed by criminal law or your constitutional rights. My experience with those tribunals is that they will usually do whatever the police want them to do. Hopefully there is no evidence whatsoever against you. I would recommend obtaining a criminal defense attorney immediately.
    Brian L. Polinske www.papc.biz

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  • My 17 yo is being sued. Needs to answer as a poor person - do I fill it out as him being a minor or as him being the applicant?

    He is still in high school. His only income is from SS & I'm his rep. payee. He has no assets. The form asks for the "household income" which I assume includes me & my husband as well as our son's. This puts us over the 125% level. But since...

    Brian’s Answer

    First of all, if he is 17 years old he does not have legal capacity to be sued. The lawsuit should be dismissed upon his motion. In Illinois there is a statute that creates parental liablity up to a small limit for the actions of their children. Get your motion to dismiss on file immediately.

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  • I was in county jail for 27 months before being found not guilty is there any action that can be taken against police dept

    i was held in county jail for 27 months i couldnt afford to bond out i went to trial and was found not guilty is there any kind of compensation i can get for being held in that jail for that amount of time

    Brian’s Answer

    You may be entitled to file a section 1983 civil rights deprivation lawsuit against whatever police department that caused charges to be filed against you. The key to whether or not you can file the lawsuit is "Did probable cause exist to arrest you?" If the answer is no then proceed with your lawsuit. You will also have a malicious prosecution charge and perhaps a false arrest claim to be made against the same agency. The mere fact that the sheriff's department held you on a judge's order for bond does not create any liability on their behalf. All the above-discussed claims are of course subject to the applicable statute of limitations. You need to consult a qualified civil rights attorney immediately.

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  • Can the police break in with a warrant if no one was home, looking for stolen laptop.

    Since no one was home they broke the entry door and every door to the four rooms, they have the right. They took the laptop and want to charge someone, when I told them I bought it on the street, from a guy on the corner, I have no prior, record;...

    Brian’s Answer

    The police can break into a residence to search with a search warrant. If no one is home they can take reasonable steps to enter into and search the premises. They must have a search warrant though. Whether they can charge you with possession of stolen property is another question. If you knew the property was stolen and told them that they can charge you. If you told them you knew nothing about the property being stolen but they have other evidence indicating that you did, they can charge you. Whether they can convict you is unknown. I would immediately contact a qualified criminal defense attorney near you to assist.

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