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cascocat
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help me please
Dec 16th, 2005 at 7:50pm
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someone at work is stealing ..iam one that is being asked to test  by the police do i have the right to refuse can the test be used in court and what if i do refuse can they do anything to me ?
i have never been in trouble but am the type of person that gets so upset about this kind of thing i dont think i could pass from what i have read..i need help ...should i get an attorney ?...please tell me how i should deal with this ...
  
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George W. Maschke
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Re: help me please
Reply #1 - Dec 16th, 2005 at 8:56pm
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You have the right to refuse the polygraph, and you would be wise to excercise that right. Polygraph "testing" has no scientific basis, and as used by police in criminal investigations, is often little more than a pretext for getting a suspect into an interrogation room without a lawyer present. The results of polygraph examinations are generally not admissible as evidence in criminal proceedings, but sometimes they may be relied upon for other purposes. For example, if you were to fail the polygraph and end up being criminally charged and convicted, the polygraph results could influence the judge's decision-making process when handing down a sentence.

I suggest that you consult a lawyer with experience in labor law. The Employee Polygraph Protection Act forbids private employers from taking any adverse action against an employee because of his/her refusal to submit to a lie detector test. If your employer does retaliate agaist you for refusing the polygraph, you may be able to bring a lawsuit for damages. In a recent precedent, three employees who were fired for refusing a polygraph were awarded a $4 million judgment:

http://www.antipolygraph.org/news/polygraph-news-023.shtml#shiffman-04-07-04

Martindale's free Lawyer Locator service may be helpful in finding an attorney near you with experience in labor law:

http://www.martindale.com
  

George W. Maschke
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cascocat
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Re: help me please
Reply #2 - Dec 16th, 2005 at 9:37pm
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it is not my empolyer that wants me to take test its the police.
it was cash stolen and no one has addmidited to the crime . i think they have no leads or no case and this is there way of getting something more than they have .
the people i work for are not asking me to take the test the police are . can i still refuse ?
  
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George W. Maschke
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Re: help me please
Reply #3 - Dec 16th, 2005 at 9:50pm
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I did indeed understand that it is the police, and not your employer, that has asked you to take the polygraph. And yes, you can (and should) refuse. If your employer retaliates against you for refusing the polygraph "test" asked for by the police, your employer (assuming it is not a government agency) will be in violation of the Employee Polygraph Protection Act.
  

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cascocat
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Re: help me please
Reply #4 - Dec 16th, 2005 at 10:16pm
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thank you for your help ....made me feel much better.
  
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mustbaliar
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Re: help me please
Reply #5 - Dec 16th, 2005 at 10:46pm
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cascocat wrote on Dec 16th, 2005 at 10:16pm:
thank you for your help ....made me feel much better.

Good luck, cascocat.

Let us know how it all turns out.
  
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cascocat
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Re: help me please
Reply #6 - Dec 17th, 2005 at 12:03am
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i dont know what you all know about the law or how things work.
i myself know little to nothing.
my concern now is what is next?
if i dont take the test what will happen ?
the facts are ...somethings were taken at work and i was one that was taken from i along with others filed a report the police looked at it all there have been other things taken from work  small things, i work alot they looked and saw that in most but not all cases i was at work when these things happened.
so they base the asking me to test on that.
i told them i didnt think i would be testing so now the harass me every chance they get ..asking me things at work calling me at home. i have told them my story 3 times the same story but they wont stop . i was a victum of crime and they wish to make me feel like i did it.
im not worried about my job. its the police i worry about and if they can force me to take this test or what will happen next...any advise any ideas any thoughts ...would be GREAT ...thank you all
  
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meangino
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Re: help me please
Reply #7 - Dec 17th, 2005 at 5:11am
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Cascocat:

To ensure the police detective ceases to call you (From your description, I would say the police officer is harassing you), you should tell the police officer who calls that you exercise your rights under the Fifth Amendment of the US Constitution and you refuse to speak to the police any longer without a lawyer present.  At that point, the police are forbidden to contact you further.  They must initiate any contact through your lawyer.   If you can't afford a lawyer the court would appoint one for you. 

I'm not a police detective, but if you're not a real suspect I doubt they would go to the effort to have the court appoint you a lawyer.  Once the court appoints a lawyer, or you contract for a lawyer, you should carefully listen to your lawyer's advice. If your lawyer counsels you to take a polygraph, smy advice is to seek another lawyer.  Remember you don't have to prove yourself innocent; the police has to prove you're guilty.

Mr. Maschke's advice regarding the Employee Polygraph Protection Act is spot on.  I suggest you read it carefully.
  
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railroaded
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Re: help me please
Reply #8 - Dec 18th, 2005 at 11:54am
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1.  Refuse the polygraph.  It is your right.  it cannot be held against you in any way.  If it makes you feel better, tell the cops that sure, you will take the poly...after you get advice from an attorney.  That will let them know that you know your rights and they will also know that any attorney worth his salt won't let you get within a mile of the police polygrapher.

2.  Hire an attorney.  I cannot stress enough how important this is.  I cannot tell you the relief I felt knowing that there was a layer of protection between me and the police...it was a comforting feeling knowing that the cops who had me in their sights could not call me or approach me in any way.  I sat in my attorney's office and watched him make a phone call to the investigator that was on my case.  "My name is Blah Blah, I have been hired to represent My Client.  You will have no further contact with him.   You will not contact his wife, you will not visit his home.  If you feel you need to speak with my client, you will contact me."

It may cost you a few hundred bucks, but if the cops know you are serious about mounting a defense, they will leave you alone.  And whether they admit it or not, knowing that an experienced attorney is involved can actually deter the prosecutor from pressing charges against you.
  
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gelb disliker
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Re: help me please
Reply #9 - Dec 18th, 2005 at 7:39pm
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Gotta side with Railroaded on this issue, but make sure he/she is a good attorney, looking out for your best interests.
  
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