Sam,
Quote:How would I find out if polygraphs are admissable in probation violation hearings in washington state, and if they arent admissable in most states, whats the point of them besides trying to get a confession? I spoke with a public defender who said that evidence rules are 'lax in probation violation hearings', so that makes me wonder, anywhere I can find out for sure?
The point of the polygraph is the state wants you to admit that you have a problem, and face it head on. Sort of like going to AA and doing the "My name is Sam and I'm an alcoholic" thing. So they use the poly to scare you into admitting that you have this problem. Ostensibly they only want to help you, thus the general restriction on using the results for a VOP. That's where the intent of the Legislature and the desires of the Dept. of Corrections part company.
I can find no reference in the RCW to polygraphing probationers. RCW 9.95.210 provides for various conditions, none of which include polygraphing. The statute goes on to say
"The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation." However, I find nothing in the Administrative Code showing where the DOC has promulgated any rules governing probationers.
The Administrative Code, at WAC 381-40-110, does however contain parole conditions, one of which is
:"As a term and condition of parole, the board may impose a requirement that the parolee take a polygraph examination." This same paragraph goes on to state
"Failure to pass the polygraph examination shall not be a basis for parole suspension or revocation." Since you're not on parole, the above theoretically wouldn't apply. But parole and probation are controlled by the same state agency, and supervision is by the same people. In the absence of a codified procedure governing polygraphs for probationers, a court should look to a similar situation for guidance. That would be parole conditions.
As for evidence in probation revocations, the prosecution has only to prove the violation "by the preponderance of the evidence", rather than the more restrictive "beyond reasonable doubt" used in criminal court. Preponderance just means that the prosecution's evidence must be more believable than your defense, regardless of how implausible it may be.
If you have further doubts, seek out an attorney (not a public pretender!) and see what they think. Might cost you $50.00 for a consultation, but it would be worth it to know.