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If a defendant passes a polygraph test, can I (plaintiff) take one to prove him or her wrong? Would I have to hire someone?

Ypsilanti, MI |
Filed under: Lawsuits and disputes

Prosecution agreed to drop CSC charges when defendant passed test.

Attorney Answers 4

Posted

There are different evidentiary standards for criminal and civil courts (which is why OJ Simpson was found Not Guilty in one Trial [the criminal one], and Guilty in another [the civil one]). If you are talking about your role as the plaintiff in divorce/custody proceedings, the fact that the Prosecutor decided not to press CSC charges does not necessarily mean you can't argue the issue in family court, but please ensure you are represented by good local counsel to ensure you properly present the issue(s). I wish you all the best of luck. Warmest regards, Matt Catchick.

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Posted

First, if you are a crime victim on a criminal case you are not the plaintiff-----the People of the State of Michigan is the plaintiff. You are the complainant. Second, under law, the police or prosecutor cannot ask you (CSC victim) to take a polygraph, but you can volunteer to do so. A polygraph is not 100% reliable and not admissible at a criminal trial, therefore, it's used only as investigative tool. More information is needed to understand why the prosecutor dismissed the case. If you are having problems in communicating with the prosecutor, you may want to retain private counsel to assist you. A private attorney, who is a former prosecutor, would be a good choice for a consultation to discuss your options, criminal or civil, in greater detail. Good luck.

THE WOLF LAW FIRM would be available to assist in this matter after a formal consultation to obtain all necessary facts and review all pertinent documents. An attorney-client relationship with THE WOLF LAW FIRM or Answering Attorney is not established until and if a written engagement agreement is executed by all parties and an agreed upon retainer is tendered. In the meantime, please consider this response as a general answer for the benefit and entertainment of the public. We wish you the best. Thank you. TheWolfLawFirm.com

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Posted

It probably wouldn't do any good if you did. My guess, based upon my experience in these cases, is probably the evidence against the defendant was weak. Having him take a polygraph would either solidify their belief in his guilt if he failed or cause them to have a doubt in their case if he passed. It sounds like the latter is what happened. Unfortunately, it is up to the prosecutor and not to the complaining witness to make the call of whether or not to pursue charges. Many prosecutors will pursue CSC cases with weak evidence, but it sounds like in this instance they aren't willing to take that risk and potentially waste a lot of time and money on a case they are not likely to win by proving the defendant's guilt beyond a reasonable doubt. In criminal cases, it will take more than one person's word against another one, especially in sex crime cases, to meet that burden.

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11 comments

Asker

Posted

My issue to all previous replies is that this would be the prosecuting attorney appointed to me as a victim. I read I could be represented anonymously. While the prosecutor did fine in classist regurgitation about how I am a college graduate as opposed to a "streetwalker," what do I do? I was told not to go to the pre-lim. I volunteered to take a polygraph when the defendant was offered one by my attorney as opposed to the Cooley Law public defender. Giving how I was "sensitively" questioned after the activity (ie not encouraged to even produce a kit until calling RAINN), and I am not interested in spending my money on hiring a private attorney; what options do I have if I have been doubted by my own state-appointed representative. According to their jargon, I am a plaintiff or to be represented by the state of Michigan. Interestingly enough, they said it is absolutely false that I could be represented by the state; as opposed to a more than typically proactive case-holder. If I feel I may not be properly appointed representation, should I go tomorrow at 8:30, and attend -- regardless?

Asker

Posted

* find

Asker

Posted

Additionally, a simple Google reveals my defendant was involved in the Marines, an entity known to teach recruits how to alter polygraph readings.... Furthermore, what recourse would I have to pursue to get appointed a new prosecutor? In my opinion, an interviewee who passes the question, "Did so-and-so ask whether you had a condom," is not indicative of consent. I need a new attorney to be appointed by the state. If this is not possible, I attend the case tomorrow, and a key suit of mine is dropped: could I reinstate this claim if I convince my near relatives or others to take up my case, or shell out per hour fees?

Asker

Posted

Lastly, I'm not intimidated by the "time and money" argument in the least.

John Freeman

John Freeman

Posted

I agree with Mr Austin and I think you are out of luck. You don't get to pick the prosecutor.

Asker

Posted

I'm sure I don't, but if I would earn actual justice in front of a judge & I feel I am being improperly represented; I have heard I have a right to hire a proper attorney in addition to the county prosecutor.

Jared Clayton Austin

Jared Clayton Austin

Posted

Mr. Freeman is right, you don't get to pick the prosecutor. Besides, the prosecutor does not really represent you, he represents the people of Michigan. You are free to retain your own lawyer and there are plenty of victim advocate lawyers out there. Also, you could consider seeking a consultation from a civil attorney to see if you can sue him in civil court where the burden of proof is much lower.

Asker

Posted

So, would I have to hallucinate this person out of the Internet heavens, or can I elect not to attend as "my" representation already "advised." Seeing they can't appear to even adequately prosecute this individual on felony thievery accounts: shouldn't I, at least be present to standup in court at risk of contempt & correct the original police report, as inadequately noted? I'm not thinking of myself as out of luck & your condensation about my further human rights & this insensible construct of "luck" is neither relevant, nor pertinent to the factuality of improper representation. I'd elect to further posit my "claim" of CSC, further demand the testing of my rape kit (despite being attempted into dismissing my case and right to a kit by the Ypsi police), etc. This is not chance, nor the realm of "luck."

Asker

Posted

I have to go, at least, to make sure the police report (unreported by mLive) makes it into the trial on the basis of stolen property XYZ officer failed to address & his complete disregard re: rape, or original felony-level theft failed to produce an accurate statement, disregarding my +5x to articulate said concerns. Contact me at 7347300793 for further information, or to provide legal advice in a way that accurately represents my total loss of burglarized totalities, request for polygraphs and urine sample (re: GHB, et. al) & repetitive dismal of my right to due process.

Asker

Posted

I'm mean, wow, looks like A2 publications & Eastern Echo syndicate still refuse to reiterate rape as cited by off-campus professionals, as conducted by current attendees. I'm sure this would be a great new update to their revised positions on sexual assault, so as not to limit profits on potential enrollees.

Asker

Posted

But, it's 50-50, which isn't considered high. No one has a right to waylaying victims to purchasing private services when their state advocates fail.

Posted

I agree with all of my colleague's points. You should retain your own criminal attorney to assist you with communicating with the prosecutor. Since polygraphs are not admissible but may be used as investigative tools, the prosecutor may be willing to revisit the case if you offer to take and pass a polygraph. But, the prosecutor must make the decision based on all of the evidence. Good luck to you.

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