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Brian L. Polinske

Criminal defense Attorney at Edwardsville, IL

5.0   87 reviews

also known as Polinske & Associates, P.C.

Free consultation
Free consultation
  • Licensed for 31 years
    State IL
    Acquired 1992
    Status
    Active and Authorized to Practice Law No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Brian

Learn Brian’s areas of practice.

4
Practice areas
  1. Criminal defense
    74%
    Murder, DUI, Domestic Battery, Methamphetamine, Cocaine, Heroin, Cannabis, Marijuana, Ecstasy, Bank Robbery, Armed Robbery, Driving While Revoked, Burglary, Home Invasion, Aggravated Criminal Sexual Assault, Predatory Criminal Sexual Assault, Aggravated Battery, ALL CHARGES I have tried many cases from Murder to DUI. My track record speaks for itself. I will try your case. Call me and I will gladly consult with you free of charge. Appeals are also handled.

    32 years, 2,350 cases

  2. DUI and DWI
    19%
    DUI, Aggravated DUI, Felony DUI, Reckless Homicide, Repeat DUI, 2nd DUI, 3rd DUI and more. I have substantial experience and success in this field. I have tried more DUI cases than any other attorney(s) in this county. I try cases and the prosecution knows it. That's one reason that I get great results for my clients. Call me to get a free consult on your DUI case.

    32 years, 1,638 cases

  3. Personal injury
    4%
    General Auto, Trucking, Aircraft wrecks. Product liability, class actions, and death/serious injury cases. Medical malpractice, professional negligence and Bad Faith Refusal cases. No charge until we win.

    32 years, 300 cases

  4. Civil rights
    3%
    Police Brutality. I have successfully tried and settled this type of case my clients. I recently won a jury trial in Madison County. My client received a large jury award and was paid on that award within one month.

    32 years, 50 cases

HAVE YOU BEEN CHARGED WITH CRIMINAL OFFENSE? LET MY 32 YEARS OF TRIAL EXPERIENCE WORK FOR YOU. I'VE TRIED OVER 134 JURY TRIALS.

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 127 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.  

Awards

Client's Choice 2024,2020,2019,2017,2014,2013,2012
Client's Choice
2024 2020 2019 + 4 ...
Top Contributor 2012
Top Contributor
2012

Photos and videos

Location

Polinske & Associates, P.C.

Reviews

5.0 / 5.0
  87 customer reviews
5 Star
 
98%
4 Star
 
2%
3 Star
 
0%
2 Star
 
0%
1 Star
 
0%
Client's Choice 2024
Client's Choice
Client's Choice is an Avvo award granted to attorneys with a significant number of client reviews over 4 stars in a given year.
Posted by LtGen Gary Hughey USMC(Ret) | March 20, 2019
This review is from a person who hired this attorney.
| Hired Attorney
“Let the dog hunt”
Brian is a busy lawyer and you want a busy lawyer. He doesn’t have time to hold your hand. He does answer emails and texts and those are the best means of communicating with him. He does his homework and will be more than ready to fight your case in court. He is well connected within the justice community at the federal, state, and county levels. He is my “go to” attorney for both criminal and civil cases.
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Response from Brian Polinske May 16, 2019
Sir, thank you for the kind comments. You were a pleasure to work with and conduct a jury trial for. I'm glad the jury found you not guilty.
Posted by Tyfanie | February 28, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Representation
I have had the pleasure of Brian Polinske respresenting myself in multiple cases. I am over the top pleased with his assistance and, the outcome of my cases. Anytime I sent a text, email, or phone call all questions or concerns were addressed immediately. Face to face meetings were more than comfortable as well, as he treated me like a normal human being, which most lawyers do not. I highly recommend using Brian in any case you may have in the future!
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Posted by anonymous | April 2, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Great
Unfortunately I’ve needed to hire Brian on a few charges I received in different counties and have never felt judged or embarrassed about my charges. Amy is completely wonderful and always answers my questions and has talked to me like she cares and is truly concerned about my cases. She’s funny too! If Brian isn’t available to talk or answer questions I know that Amy is available. I highly recommend this firm! You will get the attention needed in your case without feeling embarrassed about your case or what led to your charges. Hands down great firm!
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Posted by Richard | March 25, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Very professional and knowledgeable of the law
Mr Polinske was very straight forward and showed a excellent knowledge of the process that would be followed in my case. In our first phone call he described in detail how my case would progress and the timeframe he laid out for the case was right on the money. I had tried to contact two other attorneys but never heard from them. Mr Polinske returned my call the same day that I first called. He and his staff remained responsive the entire time until the dismissal of my case. I would not hesitate to call him again if his services were required.
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Posted by Mykel | March 14, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Great Attorney
I highly recommend this attorney he done a great job representing my case
Posted by anonymous | February 25, 2024
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Wonderful Firm
I am not yet a client due to waiting on funds but I called Polinske and Associates and talked to Amy who is a paralegal and was very friendly and understanding. She cared about my situation and helped ease my mind. She answered all of my questions and didn’t rush me off the phone like other firms have. I haven’t talked to Brian Polinske yet but when my funds arrive I will be hiring him thanks to Amy talking to me and caring enough to take time to explain the process. From what I’ve experienced Polinske and Associates is a great firm that actually cares about people’s unfortunate situations. I look forward to hiring in the near future.
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Response from Brian Polinske February 27, 2024
Thank you for that kind comment.
Posted by anonymous | February 23, 2024
This review is from a person who hired this attorney.
| Hired Attorney
DG Smith
Amazing understanding of how Madison Co Court works!!! Can't really believe he got me reduced to reckless driving...stunning for real...My goose was cooked...thank you Brian!!!!
Response from Brian Polinske February 27, 2024
You are very welcome. Glad we could greatly improve the situation.
Posted by Sarah | February 5, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Straight and to the point
Mr. Polinske is a clear cut, straight, and to the point attorney. He knows the law and works well within it for you. He, so far, has gotten me the best outcome, and I can't wait for my situation to finalize. I only expect great representation from Mr. Polinske, and will refer him to anyone who needs a great attorney.
Response from Brian Polinske February 6, 2024
Thank you. I will make sure the get the remainder of your cases resolved in the near future.
Posted by William | January 30, 2024
This review is from a person who hired this attorney.
| Hired Attorney
My experience tells me
when you have to go to court in front of a judge or jury, you need a good attorney. Brian Polinske Is a great attorney. He speaks their language and protocol.
Response from Brian Polinske February 6, 2024
Thank you very much. I appreciate the kind review.
Posted by Christopher | January 25, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Great Criminal Defense Attorney
Mr.Polinske is an amazing attorney. He helped me close my case and represented me in a very well mannered way. I would highly recommend him in any criminal defense case.
Response from Brian Polinske February 6, 2024
Thanks very much Chris. I was very pleased to get the charge against you completely dismissed. Sorry you had to deal with the false charge.
Posted by Diana | January 25, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Client
Brian is the best ! He works for the client and he only tells you the truth! If he says he’s going to do something he does it . Excellent attorney and best around ! I’d refer everyone to him
Response from Brian Polinske February 6, 2024
I'm glad you are pleased with our services. Again, thank you.
Posted by Ethan | September 5, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Amazing services!
Mr. Polinske walked me through every step of the trial and it made me feel very confident in his abilities. He was also frequently in touch about what I needed to be doing to get the best results out of the trial. Overall I would highly recommend him to anyone looking for a trustworthy lawyer!
Posted by anonymous | August 25, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Good Attorney
Fast resolution to the case with a good outcome. Would recommend if an attorney was ever needed in the future.
Posted by Chris | August 11, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Awesome job Brian!
I received a DUI in Swansea 6/22, & Brian took the case. He got the DUI knocked down to just a traffic infraction (Reckless Driving). I have hired Brian in the past, & he always does a great job! Highly recommend!
Response from Brian Polinske August 12, 2023
Thank you very much Chris.
Posted by Dan | August 10, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Great lawyer
Brian helped us out when we needed him on traffic ticket. Couldn’t be happier
Response from Brian Polinske August 12, 2023
It was my pleasure.
Posted by L.B. | July 11, 2021
This review is from a person who hired this attorney.
| Hired Attorney
this guy is the truth, just hired again
You won't get hand-holding. You won't get coddling. You may get a very dry reply to your email question. And it's perfectly fine because *this* is the very busy attorney you want representing you. He not only knows the system, he UNDERSTANDS it, he's respected and he's clever. Given the circumstances, the outcome he achieved farrrrr exceeded my expectations (dismissed!). Special shout out to the office staff; they are efficient and kind. Listen, we shopped several lawyers before hiring Brian-and while he's not the cheapest in town, he's worth every penny. I'm grateful for his representation and highly recommend.
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Posted by Levi | March 31, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Controlled Substance
Brain was excellent and extremely beneficial for me as it was my first offense ever and he got me an awesome plea deal for first time offenders just recently finished my probation now hoping to get the felony vacated... thanks Brian
Posted by Nick | October 8, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Dropped my DUI
Last December I was arrested for DUI in front of my home in Edwardsville. I looked up Lawyers in the Edwardsville area and discovered Brain. Brian appeared to be the best lawyer in town for DUI cases and he did not disappoint. He was able to get my DUI thrown out and reduced to a much smaller charge which is all you can hope for. I am very grateful to Brian for his outstanding work and would recommend him to anybody.
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Posted by Cindy | June 24, 2020
This review is from a person who hired this attorney.
| Hired Attorney
He goes above and beyond
I hired Brian to represent me for a felony case I had back in June of last year. I needed to find an attorney right away and he agreed to represent me. While I was waiting for my case to be heard, the local police seized my vehicle. Since I had already retained Brian, I asked him if he would represent me in this forfeiture case. He agreed. I can't thank him enough! When we went to court, he was very informative about state forfeiture and seizure laws. Needless to say, he won my case and I was awarded my car back from the police! I was more than impressed with the way he presented and argued my case and so was his peers. After it was over, and I was walking back to my seat, one of the other attorney's in the court room came up to me and told me I had the best attorney to represent me in this case. I have to agree!!! Brian went above and beyond what a regular attorney would do and I was able to get my car returned to me without it "costing me an arm and a leg." I have to say Brian is the best attorney around here and I would highly recommend him if you need an awesome attorney to represent you on felony cases.
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Response from Brian Polinske June 25, 2020
Thanks for the glowing review Cindy. I was glad to get the outcomes you deserved in all these cases.
Posted by anonymous | April 16, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Gets the job done
Brian is the best lawyer to hire! I will not have to worry about license suspension thanks to his expertise. I was worried that I would not have the opportunity to have suspension rescinded because of COVID-19but Brian got the job done!
Response from Brian Polinske April 17, 2020
We had to hunt down a prosecutor and a judge but we were able to get it done. It was my pleasure.
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Cost

Rates
  • Free Consultation 15 minutes
  • Contingency 33%-40%
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 8.2 (Excellent)

Work Experience

  • Managing Partner
  • Polinske & Associates, P.C.
  • 1993 - Present
  • Assistant / 711
  • Madison County States Attorney
  • 1990 - 1993

Education

  • Saint Louis University School of Law
  • JD - Juris Doctor
  • 1992

Sample of Legal Cases

  • Murder Client Found Not Guilty on All Counts 9/26/2022
  • Not Guile
  • 3 Separate Drug Trafficking Cases - Probation
  • Probation on non-probationable offenses
  • Murder Trial Victory Macoupin County March 2022
  • Not Guilty
View all legal cases

Associations

  • DUI Attorney's Litigation Network
  • Member
  • 2013 - Present
  • Top 100 DUI Attorneys
  • Member
  • 2006 - Present
  • Illinois State Bar Association
  • Member
  • 1992 - Present
  • Madison County Bar Association
  • 1992 - Present
  • American Bar Association
  • Member
  • N/A
  • Federal Bar Association
  • Member
  • N/A
View all associations

Languages Spoken

  • English

Honors and Awards

  • Top 200 DUI Attorneys
  • National Trial Lawyers
  • 2018
  • Top 200
  • National Association of Criminal DUI Defense Attorneys
  • 2013
  • Top 200 DUI Attorneys
  • National DUI Defense Attorneys
  • 2005

Publications

  • How to Beat a Speeding in a Construction Zone Ticket
  • Defeating a Speeding in a Construction Zone Charge
  • 2014
View all publications

Speaking Engagements

  • Annual DUI Conference 2016
  • Defeating DUI Charges
  • 2016

Attorney endorsements

Received (3)
Given (6)
Endorse Brian
Criminal defense Attorney | May 25
Relationship: Worked together on matter
"I endorse this lawyer. Mr. Polinske represents his clients with tenacity and the utmost professionalism."
Criminal defense Attorney | Jan 27
Relationship: Other
"I endorse this lawyer. It's clear to me from Brian's many contributions to the Avvo Q&A forums, as well as his accurate legal guides, that Brian really knows his stuff. If you are in need of an experienced defense attorney in the Edwardsville area, you should certainly give him a call."
Criminal defense Attorney | Dec 05
Relationship: Worked together on matter
"If you are looking to find out who you should hire to represent you in a criminal matter, don't just ask anyone who you should hire. Ask another attorney who they would call for themself or a family member if they need criminal defense advice. In our area of the state, if they have any knowledge, they would tell you to call Brian Polinske. I am an attorney and I can tell you for certain that if I or a family member was in trouble, we would call no one else but him. No criminal defense lawyer is more knowledgeable, or more importantly, works harder than Brian."
Criminal defense
Criminal defense
Criminal defense
DUI and DWI
Criminal defense
Edwardsville Criminal defense Lawyer Brian L. Polinske
Brian L. Polinske
Criminal defense Attorney
Edwardsville, IL
Licensed for 31 years
Free Consultation