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Brian L. Polinske

About Brian Polinske

About me

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. 


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. 


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 drug 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.  


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.  


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

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