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Can I be violated for failing a maintenance polygraph in oregon

Portland, OR |

I'm on probation in Oregon for a sex offense and recently took a polygraph and failed 1 question not related to my offense it was regarding drugs and alcohol can my PO violate me over failing or will he have me retake whole test does he have to have evidence to violate me?

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Attorney answers 1


I would need more information in regards to the conditions of your probation and specifically your condition to have to take polygraphs to answer this question more thoroughly. If your condition is to take polygraphs on request and pass your polygraph you can be violated for failing the conditions of your probation. Usually a polygraph is used to determine the probationers' truthfulness regardless of the substance of the questions. For example if the question is "Did you have eggs for breakfast?" and you say no but in fact you had two eggs for breakfast, you are in violation of your probation because you were not truthful. Clearly eggs were not a substantive part of the crime you committed, however you were not truthful with the probation officer when they asked.

Nicholas A Heydenrych

Nicholas A Heydenrych


Mr. Medina is correct to observe that you can be violated for lying. In addition, there are probably enough grounds for your PO to file a violation based on your suspected drinking and/or drug use.

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