Have Questions About Your Case? Check Out Some of Our Law Firm's FAQs
Dealing with any kind of legal matter inevitably leads to a number of questions. We have created a list of some of the questions we hear the most in our Edwardsville law office, but please give us a call if you have a question that is not answered here.
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How do I appeal a family court’s wrong decision?
It is not uncommon for at least one of the parties in a family court matter to be unhappy with the final decision.
Some people resign to the fact that they will just have to live with it, but others immediately look into a “Plan B.” If a mistake was made at the trial court level, a good “Plan B” is seeking an appeal.
If you are thinking about appealing a decision related to divorce, child custody, child support, or another family law issue, you should really schedule a consultation with Polinske & Associates immediately. A Notice of Appeal needs to be filed within 30 days of a final order, so if you don’t act quickly, you lose your right to an appeal. Your first consultation is free, and you will be able to find out from an experienced family law appeals attorney whether or not your appeal has any legs to stand on. Remember, an appeal is valid if an actual mistake was made, but not if you just aren’t satisfied with the outcome.
The appellate court does not hear your entire case over again. Their job is to review what already happened by taking a look at all of the pleadings, motions, and other documents that were filed. They will also consult a written record of the oral proceedings to learn about exactly what was said and what happened in the court room. You are, however, entitled to file a written brief that explains what your case is about, why you think the court’s original decision was incorrect, and supporting legal reasons to prove why the decision was wrong. Your family law appeals attorney will be able to help you craft this.
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My child is a student at Southern Illinois University at Edwardsville and he was just arrested for a DUI. What should I do?
If you just received a call from your SIUE student to tell you that he was arrested for DUI, you're probably struggling with a lot of different emotions right now. Part of you wants to run to help him immediately, while another part of you is probably angry and wants to teach him "tough love." Many parents find it difficult to decide which method will ultimately help their child the most in the long run.
In the end, it is ultimately up to you how much you want to help him. However, it is important to consider a few things before you make your decision. First of all, your child has already gone through a lot of stress and embarrassment; he has ridden in the back of a police car, been arrested, fingerprinted, and probably placed in a jail cell. This experience in itself can be a huge reality check for your arrested SIUE student.
You must also realize that leaving your son to fend for himself after a DUI arrest can affect him for many years to come. He may have trouble finding a job, he may watch his car insurance rates skyrocket, and he may never be able to obtain certain types of professional licenses.
There are many other ways you can punish your child—or show your disapproval—following a DUI arrest without ruining his future. If you want to help your child, contact Polinske & Associates immediately. Attorney Brian Polinske is a top DUI attorney in the Edwardsville area and he has extensive experience helping SIUE students and their families.
Ready to talk? Give us a call or fill out our easy online contact form and we will get right back to you.
What are the differences between secured and unsecured bonds?
When a person is arrested, she may be temporarily relieved to find out she can post bond and go free until her court date. However, many questions soon arise about the situation:
- How am I going to pay such a large amount of money?
- Can I borrow money from someone else to post bond?
- What is the difference between bail and bond?
We understand that it can seem confusing, but here's what you need to know about secured bonds versus unsecured bonds:
A secured bond is the most common type of bond. With a secured bond, you pay cash or offer some type of property or real estate you own (or someone does this on your behalf) as collateral to assure that you will appear in court on your court date. If the amount is simply too much, a bail bondsman can post the bail on your behalf, for a fee. The bondsman will promise the court that they will pay the full amount of bail if you do not show up in court. The fee for a bond is typically about ten percent of the bail amount.
Unsecured bonds are less common, but may be available in situations where a fairly minor crime was committed and if you have little to no criminal history. With an unsecured bond, you can sign a written promise to appear in court; payment will only be required if you fail to appear in court on your assigned date. This bond is based purely on good faith.
Have a question about posting bond in the Edwardsville area? Fill out our simple online contact form and our criminal defense law firm will get right back to you!