Brian L. Polinske

I enjoy working with my clients.  I understand their fear entering into the legal arena.  I can offer my vast experience to help lessen their fears.  I believe that explaining every aspect of each proceeding helps my clients understand what they will experience in court.  This in turn eases their minds and helps them in assisting me provide them the best representation they can receive.  I have tried over 140 jury trials.  I have won the majority of them.

My experience as a former prosecutor with the Madison County State's Attorney's Office allowed me to gain valuable insight into the decision-making process which occurs when filing a felony drug offense charge against individuals.  I was involved with the search warrant process when I was an "on-call" assistant prosecutor.  I met with the police, filled out the search warrant affidavits for the officers, presented them to the judge and finalized the Order for the judge's approval.  I then assisted the officers in filling our the return of service papers which stated what evidence was seized pursuant to the warrant.   Although I was new to the felony division I was quickly placed in charge of the entire drug prosecution division.  As a felony drug prosecutor, I convicted many persons charged with every drug offense from manufacturing and distribution to simple possession charges.  This experience was very helpful to me becoming a criminal drug defense attorney.  One particular facet this experience brought to my successful defense of criminal drug defendants not only in Edwardsville, Illinois, but also Madison County and all surrounding counties was the ability to recognize what evidence exists but hasn't been tendered via discovery from the State.  I routinely file supplemental motions for discovery when the State fails to completely fulfill its obligations under S. Ct. Rules.

Many other attorneys simply don't understand what information exists but hasn't been produced to them.  I have repeatedly used this information to benefit my clients in very serious crimes.  For instance, recently, in Montgomery County, Illinois, I was retained to represent a person charged with a very serious cannabis possession with intent to deliver.  I received the discovery from the State.  I immediately discovered that I was missing quite a bit of information.  I filed a motion for supplemental discovery which was granted at hearing.  The State eventually submitted all the missing information, which included the K9 and his handler's certificates.  I discovered that the K9 was not current in his certification.  A mistake by his handler had allowed it to lapse.  I filed a motion to suppress evidence which was granted.  The case was dismissed.  My client was facing 15 years in prison had he been convicted.  My client in that case had previously consulted with three other attorneys from Chicago and Springfield.  All had told him there was no way out other than a conviction.  When I discussed the case with him he was hesitant to believe me when I told him I identified two potentially fatal flaws with the State's case.  The other attorneys failed to spot the defects.  This is just one example of how diligent discovery in all criminal cases can either "make or break" the State's case.  I recently resolved a drug trafficking case which involved my client and a co-defendant.  The co-defendant hired an attorney from Chicago who claimed to specialize in drug cases.  I analyzed the facts and determined a motion to suppress evidence was warranted.  As I was prepaing to argue my motion the other attorney stated that the police couldn't search the trunk of the vehicle when they claimed a scent of cannabis was present.  I told him that established supreme court case law has held the opposite of his statement.  His client was looking at him wondering if he knew what he was talking about.  The State caved and gave my client probation on a reduced charge that will result in a dismissal of the case against him in 24 months.  The co-defendant will be going to prison.  Make sure you hire an attorney who is experienced and knows what they are doing.  There are a lot of attorneys who claim to specialize in drug cases who in reality don't fully know what the laws are that apply to such cases.  

Another example was a murder case i tried in St. Clair County.  My client had previously hired three other attorneys.  They had all told him the case was solid against him and he should plead guilty to 20 years.  My client was in his mid-50s so that would for all practical purposes have been a life sentence for him.  I spotted one page in the over 500 pages of discovery that had a brief interview with a neighbor of the decedent.  He claimed to have seen a mysterious vehicle drive to and away from the murder victim's house the night she was killed.  I called him in preparation for jury trial.  He told me none of my client's prior attorneys had contacted him.  I was astounded.  He was the key to winning the case.  I tried the case and won.  The point to this?  Again, sloppy pretrial discovery by the other three attorneys had almost led to his being convicted of murder.  

A different attempted murder charge a client of mine faced involved her and a co-defendant.  I was able to negotiate a reduction to a misdemeanor with no prison time.  The co-defendant will be going to prison.  His attorney didn't really put a good effort into his representation.  Serious cases require a substantial amount of time by the defense attorney.  And they require experience to know what information will get them out of the charge.  I recently tried two felonies against a police officer client.  We introduced medical records that bolstered her case despite the records being excluded at a motion in limine.  I'm convinced that evidence won the case for her.  The judge stated she was going to hold me in contempt of court for doing so but she didn't follow up on it.  I will go the extra mile for my clients.  

Since about 2000 UFED digital extraction has become a big part of many drug trafficking/distribution and pornographys/sex assault cases.  This discovery source almost always is thousands of pages in size.  The digital data extraction process uses software named Cellebrite.  The Cellebrite extractions are almost always conducted upon cellular phones retrieved during traffic stops.  A search warrant is obtained first.  Then almost every piece of data is retrieved and organized via the software.  The problem arises when the State decides not to produce all of the data.  A complete search is first conducted.  Then a summary report is generated.  Also a raw physical data dvd is tendered to the defense.  I oftentimes receive only piecemeal discovery from these extractions.  This occurs when the State or police decide they dont want to produce all of the data to protect possible informants or targets of continued criminal investigation.  Pushing for complete production will oftentimes cause the police to request the State give my clients a better deal in working out the case.  They don't want to reveal their targets or confidential informants and are willing to allow a softer sentence be imposed in exchange for witness protection.  I have also run across cases where police officers have damaging text messages the State doesn't want to disclose.  In such cases a defense attorney can use this to their client's advantage.  

Throughout my life I've been an avid big game and small game hunter.  I've been to Alaska, Canada, and many different states for these pursuits.  I enjoy firearms, own rifles, pistols, muzzloaders and shotguns.  The right to bear arms is one that I value, not only for myself, but also for my clients.  Felonies, and some misdemeanors threaten to remove one's right to bear arms and firearm hunting.  I'm an attorney who takes this liberty very seriously.  I'll take it seriously for you too.

I'm a licensed private pilot who routinely flies about 150 hours per year.  I've flown to many different airports including Palwaukee, Atlanta, and other less busy airports.  I'm very familiar with the federal requirements that impact every flight.  I also have other friends that fly different types of aircraft and are a valuable source of information in this endeavor.

Call me to discuss your case if you would like to determine what your best defense may be.