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Accept or deny polygraph test?

Fort Hood, TX |

My husband was assumed of sexual assault on his sister. She admitted to lying about it 4different times and after she made the statement. Today I met with his defense attorney and he said the case is a waste of time because cps found her story a lie and with her admitting to it several times. The detectives didn't give the prosecutors the evidence for my husband but I did and they was upset that he didn't. However they want him to take a polygraph test before they agree to a pr bond and be turned over to his military unit. I don't want him to take it because he had really bad anxiety and takes meds for it. The da wants to talk to his sister but she's long gone and they won't find her, which is good for my husband hopefully. The attorney said if he refuse they'll assume guilt..advice please

Attorney Answers 7

Posted

I would follow your attorneys advice. If you trusted him enough to handle your case, trust him to give you the correct advice. He knows the full facts and should know the operation of the courts in your area. However, as to the polygraph, they are generally inadmissible during the criminal trial. Therefore, even if it came out he's 100% lying it cannot be used. On the other hand, if he does show signs of deception prosecutors may feel stronger about their case--but if he doesn't do it at all they may also feel the same way.

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Posted

You keep asking questions about this case. Your husband has a lawyer. His lawyer is in the best position to make recommendations to him. He needs to listen to his lawyer (after being truthful and upfront with that lawyer.)

Cynthia Henley
713-222-1220

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Posted

My understanding from the responses thus far is that you have asked multiple questions regarding the same subject matter. Here's my recommendation. Stop posting questions on the Internet generally. That will not improve his situation. He has counsel in this matter, and that person should be the sole source of advice and answers on the case. Your husband is the client, so you may not get answers to your questions or have access to his attorney. Allow his counsel to do his/her job without interference. Please understand that I am not criticizing you for your efforts; they are completely normal and understandable, but they are not helpful. Relax.

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1 comment

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

I agree with Mr. Jones that it is time to stop posting on the internet. While most of us who answer here are defense lawyers, prosecutors can also read what is posted here.

Posted

I personally would not let my future ride on a polygraph. It sounds like he has good defenses. I would let the system run its course.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

You should follow your attorneys advice or get a new attorney you trust enough to follow their advice. I would not have my client take their poly just to get bond. My experience in Bell county is judges will reduce bond and have pre-trial office interview for pr bond if your atty requests a bond hearing. They would be required to pr bond him if not ready for trial after 90 days.

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Posted

Your husband has an attorney who is familiar with the facts of the case and the local prosecutors. If you feel that he/she is not looking out for your husband’s best interest then your husband should discuss that with the attorney.
That being said the polygraph process allows law enforcement to meet with your husband and they will try to get an incriminating statement from him some point during the process. Additionally there is a reason why polygraphs are not allowed in Texas Courts.

Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.

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Posted

In my practice I regularly face the issue of whether to have my client who is under investigation for a sexual offense take a polygraph examination or not. A polygraph is basically one possible way to develop data that makes guilt less likely, and it is persuasive to some prosecutors while others discount them. If a prosecutor asks for an examination I typically put them off without committing to do it or not do it and then discuss the matter with my client at some length.

My approach is to have my client take a polygraph with a very competent and trusted examiner who has a good reputation with law enforcement. If my client passes the polygraph testing then we provide that report and the charts that go along to the prosecutor so they can submit it to their own examiners for peer review. Under no circumstances should you agree to a polygraph with the police examiner, or if you do it should be only with prior agreement to submit his charts and report to an independent peer review as well. That way you avoid examiner bias--they know their work will be scrutinized. But the best policy is to get your own polygraph, and if it is useful then disclose it.

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