If I am not required to submit for a polygraph, what can I do about it? If I am required to take the polygraph, and fail, even being truthful, what can I do about it?
I'm not sure under what circumstances you'd be required to take a polygraph. Is this being requested by your probation officer as part of a treatment program? If so, you may be required to comply. Have your lawyer look over your conditions of probation.
This is a great question the lawyer. If your probation officer is requiring you to take a polygraph, then you need to do so. Otherwise there is a possibility you can decline. Ask your lawyer.
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I respectfully disagree that you should take the polygraph is your probation officer wants you to. You do not have to do anything UNLESS it was a part of your sentence. You need to look at your final disposition which the judge signed as to what your terms of probation were. Unless it says specifically that you are required to take the polygraph then I do not think you should take it. I do not like polygraph. It is a 100 year old science and it unreliable and I personally know those who have trained to beat it and have done so.
What happens if you are innocent, but there is a false positive and the test says you are lying when in fact you are telling the truth. At that point the probation officer is going to do what ever he can to try and violate you.
My recommendation would be to hire a lawyer solely to tell the probation officer that you are not taking the polygraph (assuming its not a condition of your probation). If you try and tell him yourself then he is going to get irritated with you for not submitting to his authority. A lawyer could call and say that you would submit to testing only if the state pays and it is an examiner of your lawyers choosing. This way the probation officer will not be authorized to use state funds to pay for the polygraph and you will not look like you are hiding something.
If you simply tell him no, he will look for a reason to violate you because that is what sex offender probation officers do.
It probably depends on the terms of your probation. Please do not post any particulars about your case on-line, but do talk to your lawyer regarding what your probation obligations are.
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