Have Questions About Your Case? Check Out Some of Our Law Firm's FAQs

You are arrested for a serious misdemeanor or felony.  You are taken to jail, processed, and (hopefully) bond out of jail.  You are worried about the impact the charge can have on your future.  Will you lose your job, family, freedom, and will you have to pay very large fines or costs?  These are all some of the questions most persons charged with a crime worry about.  Your next step is to choose a criminal defense attorney to represent you.  Questions you have about this process are:

1. How much do I have to spend  for an attorney?

2. How do I know if the attorney is one of the best in his field of practice?

3. How do I begin the process of hiring an attorney?

The first question is an important one.  You've heard the saying "you get what you pay for".  This is usually very true when hiring an attorney.  The most experienced attorneys typically cost the most too.  This is due to their large case load and time requirements.  The best attorneys know how much time need be devoted to a case to accomplish the best result.  As an example, I know how much time is required for a typical murder representation.  My fees are set accordingly.  I know many attorneys that will charge a small fraction of what I do for the mere fact that they won't thoroughly process the facts/evidence nor file the necessary motions.  Only those attorneys with the best case success actually understand the steps necessary to win the case.  This success only comes through much trial practice and experience.  If you want the best opportunity to win your case spend the money on a successful and experienced attorney.

The only way to know if the attorney you want to hire is the best in his field of practice is through his reputation.  Unfortunately objective reports regarding the attorney's successes don't exist.  I publish some of my successes on my web site.  You can access the local court's records (usually online) and do a name search of that attorney.  If they carry a heavy case load it is probably a good indicator that they are well respected.  If you have access to a family attorney who doesn't practice in the criminal defense area his/her recommendation is probably a good place to begin.  This sometimes doesn't lead to a good lead if the family attorney has a "friend" who dabbles in criminal defense.  So, you need to be careful when relying upon a family attorney's lead.  Ask the attorney questions such as "how many trials have you conducted?", "what is your success ratio at trial?", "have you tried cases similar to the one I'm charged with?", "Have you tried cases such as this in front of the judge and against the prosecutors I have assigned to this case?"  Your attorney should be able to point to specific cases and even by case number if need be so you can check with the circuit court to see if in fact he has done as he claims.   Run the attorney's name through a google search to see if any media articles return for trial successes.  One caveat to this is that oftentimes the media does not include the defense attorney's name when they win a case.  I have no idea why this is but such is the case.  For the more serious cases or high publicity cases the defense attorney's name is usually included.  

Lastly, you can either contact an attorney through his main telephone number, send an email request for information or even inquire with a letter (if incarcerated).  Most attorneys will respond in short order to your inquiries.  Most attorneys also do not charge for an initial consult regarding criminal defense.  

 

A cannabis pipe or marijuana grinder are discovered in a car.  Everyone in the car denies ownership.  All are students at SIUE and all are issued citations for Drug Paraphernalia Possession.  The student is now faced with a serious misdemeanor offense that may remain on their background check for the rest of their lives.  Will this impact their ability to find employment after graduation?  

I am asked this type of question frequently.  The best defense for these charges is to push hard for a dismissal.  If the facts don't reach the level of beyond a reasonable doubt don't take a plea deal to the charge.  If, however, the facts are strongly in the State's favor, you should attempt to resolve the case either through negotiations that result in a dismissal or by amending the charge to a non-drug offense.  Both options require counsel who can effectively negotiate those outcomes.  

I have used all methods above and been very successful doing so.  As an example, I had a recent SIUE student who received not one but two separate cannabis possession charges.  He was facing very high fines and a conviction for one of the offenses.  I was able to negotiate a full dismissal after he completed drug classes.  He did not pay any fines for the citations either.  

If you have questions about the best legal manner in which to resolve this type of misdemeanor offense please call my office so we can discuss.

If you have been arrested for a criminal offense when you did nothing wrong you may have the right to file a lawsuit against the police officers who caused you to be charged.  If you were charged with a misdemeanor offense typically the police can be sued directly as they are the persons who caused you to be charged.  If you were charged with a felony offense you may still be able to sue the police despite them not being the actual persons who charged you.  You can file a lawsuit in either federal or state court depending on the factual issues.  A Section 1983 lawsuit addresses excessive force and wrongful arrest as well as other violations of your constitutional rights.  A state lawsuit can allege malicious prosecution, Battery and other common law theories.  You may include state theories in your federal rights lawsuit if you file the case soon enough.  I prefer filing these cases in federal court for the reason that you will get to trial quicker.  As an attorney I can also be compensated by the police for my attorney's fees spent in prosecuting the civil rights case for my client.  

Damages which you can seek against the police include emotional distress, pain and suffering, medical bills, disfigurement, and attorney's fees you paid to defend you in an underlying criminal case which is the basis for a wrongful arrest lawsuit.  Aside from those damages, an attorney can seek his fees for prosecuting the civil suit pursuant to Section 1988 of the Civil Rights Act.  The potential risk of paying the attorney fees is oftentimes of foremost concern for insurance companies defending these actions.  It is not uncommon for $100,000+ attorney's fees being awarded against the police when a civil rights plaintiff wins their case.  

The process is fairly straightforward.  Identify what information you need prior to filing the lawsuit.  In Illinois State lawsuits your statute of limitations is one year.  In Federal courts your civil rights statute of limitations is two years.  File the lawsuit.  Serve the parties.  Complete a case management conference and discovery then defend the motions to dismiss and for summary judgment.  If you make it past that point you will present your case to a jury (or judge).  

I have sued police for many wrongful arrests and excessive force.  I have settled most cases and won the cases that don't settle.  As of this date I have not lost a single civil rights case.  If you believe you have a civil rights claim please call me to discuss.  

 

This is the number one question I receive related to DUIs.  The short answer is yes.  You will lose your license for a periof of either 6 or 12 months depending on whether the officer writes you the suspension (SSS) for blowing .08 or above, or refusing the test.  The SSS begins 46 days after the notice of SSS is completed by the officer.  The reason for the 46 day delay is to afford the defendant an opportunity to contest the suspension in court.  The first month of the SSS is what we term "hard time."  This means there is no ability to drive legally during the first month of SSS if it stays in effect.  However, the client may opt in to what is called MDDP.  That is a program authorized by statute and monitored by the SOS It allows the person to drive with a BAIID installed in their vehicle.  The Breath Alcohol Ignition Interlock Device is paid for by the motorist.  Each month / bimonthly period the device is "swapped out" of the vehicle by an approved mechanic.  The data contained therein is downloaded and submitted to the SOS who then reviews it.  The average cost of the BAIID is $750.00 / $1,500 for either a 6 or 12 month suspension period.  At the end of the SSS the motorist pays a reinstatement fee to the SOS in the amount of $250.00.

There is a way to attack the SSS.  Its called a Petition to Rescind the SSS.  The client can contest four different issues in that hearing.  The burden of proof is upon the motorist to win the hearing.  The issues that may be raised are:

1.Did the officer have reasonable suspicion to initially stop the motorist?

2. Did the officer have probable cause to arrest the motorist?

3. Did the officer read the WTM to the motorist?

4. After reading the WTM to the motorist did he/she submit to a test / or refuse and were the results .08 or higher?

Winning the SSS hearings is difficult and usually only 10% of the petitioners win.

Many first offender DUI clients don't know whether they can keep the DUI and its arrest off their record.  The "records" they are concerned with are both the arrest record and Secretary of State driver's records.  If a person pleads guilty to the DUI under court supervision as a disposition the answer is fuzzy.  There will always be an arrest record of the event.  DUIs are one specific offense that cannot ever be expunged (arrest records erased).  However, there will not be a conviction and no record will appear for the DUI on the SOS driver's record (abstract).  If a client is able to avoid a plea of guilty to the DUI itself the arrest may be erased after a certain period of time under expungment proceedings.   Due to the complexity of the issue contacting experienced and qualified legal counsel is of the utmost importance.

Normally, a judge in Illinois sets bond when a felony charge is issued.  When the charge is a misdemeanor a police officer typically set the amount pursuant to Supreme Court Rule.  For a DUI the bond amount is either $100.00 plus an Illinois Drivers License or $300.00 cash.  A low level felony will typically range from $10,000 to $25,000 however only 10% of that amount need be posted to secure the release of a defendant.  If the initial amount is too high there are two options.  One is to file a motion to reduce bond.  This type of motion is routinely heard by criminal court judges.  The issues addressed during the hearing are the nature of the offense, prior criminal history, if the defendant has resided in county for a period of years, educational background, job history, whether the defendant cares for minors or other dependents, and how long the person has resided in jail.  Health issues may also play a part of the judge's decision.  The judge hears arguments from both the State and defense counsel.  The judge decides whether to release a person on a reduced bail amount.  Most times the court will at least partially grant the motions.  The results are very fact specific and vary greatly depending on the charge.  

The second option is to post a realty bond.  In Illinois property posted as bond must be unemcumbered (no loans against it) and be valued at twice the full bond amount.  So for instance, if bond is $50,000, the property would need to be appraised at $100,000.  Property bonds are not commonly used in Illinois.

In the above option, if the defendant were unable to post a property bond they could instead post $5,000 cash.  

Bond may be revoked should one out on bail be charged with another subsequent offense.  Many times this is discretionary with the individual State's Attorney charging the new case.   If bail is revoked the defendant may file to reinstate bond.  The judge has full discretion whether to allow the motion.  Bond may also be forfeited if a person fails to comply with terms of the bond such as not being charged with a new criminal offense.  

If your bond is too high immediately contact a qualified attorney to file and argue the motion.  

When some people think of traffic violations they assume they can just pay a ticket and forget it ever happened. Not true! Unfortunately, there are several different types of traffic offenses that require you show your face in a court room.

Some traffic violation convictions can come with heavy fines, a suspended license, jail time, and other penalties, so be sure to have an attorney on your side. Brian Polinske has represented clients convicted of all types of traffic violations and knows what needs to be proved in order to have a case dismissed.

Not sure if your traffic offense requires a court appearance? Here are traffic violations in Illinois that come with a mandatory court date:

• All alleged Class A and Class B misdemeanor violations of the Illinois Vehicle Code
• All alleged violations of the Child Passenger Protection Act
• Any traffic offense which results in an accident causing the death of any person or injury to any person other than the accused
• Any minor traffic offenses where the statutory minimum fine is greater than $95, except in certain specific situations
• Operating Without Insurance
• Operating When Registration Suspended for Noninsurance
• No Valid Driver's License
• Violation of Classification
• Operating in Violation of Restricted License or Permit
• Unlawful Use of License or Permit
• Making a False Report
• Passing a School Bus (Loading or Unloading)
• Refusal to stop and submit vehicle and load to weighing after being directed to do so by an officer, or removal of load prior to weighing
• Violation of Excess Size or Weight Permit

 

It may feel like there are many random exceptions, so if you are confused, call Polinske & Associates at (888) 379-6582 to take advantage of our free initial consultation. We will help you understand what you've been charged with, and then work hard to clear your name.

When you are seriously injured in an auto accident, your one and only immediate concern should be healing and getting healthy again. However, as you're able to leave the hospital and begin your recovery at home, the reality of the situation may begin to sink in for you.

You're probably thinking something along the lines of, "Who is going to pay for all of this? I definitely don't have the money to pay all of these medical bills."

You were not responsible for the accident and because of that, you should not have to pay anything out of your own pocket. This is where an experienced personal injury attorney can step in and make sure you are properly compensated.

In the beginning, many people only see the amount of money they owe different doctors and want to recover those funds. However, with car accident damages, you need to look at the big picture: past, present and future. This is not just about what happened to you and what is happening to you now; we need to think about how your injuries are going to affect your life in the long run. You could be entitled to damages that may include compensation for:

• Current medical bills and future medical expenses
• Lost wages and future lost wages
• Disfigurement and scarring
• Loss of capacity for the enjoyment of life
• Mental anguish
• Pain and suffering

The insurance company may be trying to pressure you into accepting a settlement, but you should not accept anything until you speak with a car accident attorney at Polinske & Associates. You may think the insurance company's initial offer seems fair, but your attorney will help you look at all the details and figure out how much more you could ultimately be owed.

Ready to talk? Give us a call or fill out our online contact form.

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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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.

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:

Secured 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

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!