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As Stefano pointed out, polygraph "testing" is mandatory in some post-conviction sex offender treatment programs, and refusing to submit may in some instances result in a probationer or parolee being expelled from the treatment program and sent to prison.
However, if refusing the polygraph would not result in your going to prison, or facing more onerous conditions of probation, then I think it would be wise to follow your lawyer's advice and refuse the polygraph.
Note that if you were to pass a polygraph, it is unlikely that you could use the result in a civil suit, and polygraph "evidence" is generally inadmissible in courts of law. However, if you fail a polygraph, that outcome might have adverse consequences for you.
PS: I assume your public defender's advice not to take the polygraph came before your conviction. Your situation may well be different now that you are on probation. I think it would be prudent to seek a new consultation with a criminal defense lawyer regarding your current situation.
Posted by: stefano - Ex Member Posted on: Mar 1st, 2012 at 1:31am
Last Time I Talked to My Public Defender He Told Me That I Should Not Take The PolyGraph Test Because Its Scientificly (BS)
If your plea agreement calls for Sex Offender Treatment, then polygraph testing will be a component and you'll not have much recourse. If you refuse, you could be violated, not so much for refusing to incriminate yourself with a polygraph, but for non-compliance with the terms. But, nobody in this forum can give you legal advice on your case.
However, if you are given a choice, I would suggest not submitting to polygraph interrogation.
Posted by: solscorpion1982 Posted on: Mar 1st, 2012 at 12:58am
lets get sumthing cleared up....i dont care what u went through as im sure u feel the same for me. secondly with sarcastic remarks perhaps you should of stayed longer in the feds. on another note i have downloaded geroges book and made 60 copys and passed them around. but the book will not answer the question i have posted....this is why i posted my small story to get an answer not a sarcastic boo hoo remark...
Posted by: abusedbygov Posted on: Mar 1st, 2012 at 12:15am
Well boo hoo. I spent FOUR YEARS in a federal penitentiary for something that only happened in the mind of the prosecutor. My advise to you is read George's book and learn how to slide on the poly. It can't detect truth or lies, it just detects whether or not you give a shit. And, if you're a sex offender in treatment, then you won't have a choice about whether to take a poly or not, you'll just be ordered to.
Posted by: SoLScorpion1982 Posted on: Feb 28th, 2012 at 2:37am
Im comming To You For Help And Or To Have Questions Answered. To Make a Long Story short I Was accused Of Sexual Assult And In A Way forced To Take A Plea Deal Of 4 years probation and A Unknown Amount Of Time At A Sex Therapist Witch Has Not Begain Yet And Along With The Plea Came With Corruption Of A Moral Minor.. Im Comming To You Because From what the Probation Officer Tells Me That If I Keep Denying The the Sexual Assult That Was Supposed To Of Happen In My Case The Sex Therapist Will Force Me To Take The PolyGraph Test. Now I DO Want To Take The Test Inorder To Prove To My Family And Friends Along With My Self that What I Was accused Of Is In Fact a Lie But From Reading And Doing Research I Am Not To Sure Of What I should Do In My Situation. Last Time I Talked to My Public Defender He Told Me That I Should Not Take The PolyGraph Test Because Its Scientificly (BS) So Just Tell The Sex therapist U Had Done Sumthing Wrong. I Dont Want To Do that Because I Have Done Nuthing Wrong I Was Hopeing That If I Took The PolyGraph Test To Prove That I Am In Fact Telling The Truth And Was Not Involved In Any Sexual Assult Would It Help Me In The Long Run After Or If I Pass The PolyGraph Test To Put Out A Civil Suit On My Accuser To Be Sued For Mental Anguish That Forced Me To Seek A Persoanl Therapist About What Im Going Through And The Strugle It Has Caused Me....I Was Placed In Jail for About 2 and a Half Month's Before I Was Bailed Out by Family And friends...this Is An Ongoing Situation To Date As I strugle Through My Daily Life Im Left Clueless Of What To Do.....