I am currently on probation in a southern state for a misdemeanor (non-violent, non-contact/assault/exposure) sex offense and undergoing sex offender treatment. After running up a $35,000 legal bill for several years of legal motions, I was given 10 minutes to decide whether to accept a plea agreement or spend another $150K going to what my lawyer described as a potentially unsuccessful trial. As part of the requirements of treatment, I need to pass periodic polys.

At my offense-specific poly, the examiner did not use audio or video recording. She began by asking several intimidating questions ("Have you used illegal drugs today?" "Have you consumed any alcohol in the last 24 hours?") which surprised me since I have been careful to adhere to all of the probation requirements.

The poly contained three relevant questions (as I learned afterwards) and three questions which were not scored. The only control question asked was whether I was sitting in a chair. I was careful to answer truthfully, since there is no point in lying on an offense-specific poly after you are already convicted. 

The results were "deception indicated" on the first question and "unable to determine" on the second two.

After the poly, she asked me several more intimidating questions: "Did you really think you could just come in here today and lie your way through the test?", "Why did you even take the test if all you were going to do is lie?" which rattled me even further. As I prepared to leave, she softened her tone and said perhaps I had some secrets that needed to be shared and that that was why I failed the poly.

Needless to say, failing a poly while you are on probation has extreme negative consequences. I will be required to move into a group home and stay there for the next year if I cannot pass the maintenance poly by the end of the month. My ever-supportive wife is, naturally enough, very frightened that we could lose our home.

I don't feel that the last poly was valid, but realistically, is there anything I can do about it? I am equally as worried that the required PPG I take next month will be as flawed.