Normal Topic getting indicted for failing a polygraph in Ky (Read 4913 times)
Paste Member Name in Quick Reply Box angelikmist
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getting indicted for failing a polygraph in Ky
Jun 24th, 2007 at 9:40am
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I took a polygraph about a month ago in Kentucky and I told the whole truth and still failed it.  I have anxiety at times and I was so nervous about false positives it in the first place.  I told the truth and he said I failed it.  Now the police are wanting to take the test results in front of the grand jury and get me indicted and I know it's not admissible, but can they try to indict me over failing?  They don't have any evidence because I didn't do anything but the only thing they have are my results to the test.  I don't want to go to jail after being indicted and have to wait until a trial.  I thought I had nothing to worry about since I was being truthful so I took the test and I was shocked when the guy said I failed it.  What should I do?
  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: getting indicted for failing a polygraph in Ky
Reply #1 - Jun 24th, 2007 at 10:46am
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According to an American Bar Association FAQ about the grand jury system, "Prosecutors have the right in federal grand juries to introduce hearsay and to otherwise utilize evidence that would not be admissible in a regular trial." The same may (or may not) hold true with regard to grand juries in Kentucky, but even then, I don't know if there is any precedent for the admission of such flimsy "evidence" as polygraph results. It seems doubtful that a grand jury would indict you if the only evidence presented to it would not be admissible at trial. In any event, I think it would be best to retain a competent criminal defense lawyer and not to speak with police again without your lawyer present. If your lawyer can obtain an audio or video recording of your polygraph "test," I would be happy to review it and provide commentary.
  

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Re: getting indicted for failing a polygraph in Ky
Reply #2 - Jun 25th, 2007 at 5:36am
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Thanks for your advice.  I do intend on getting a defense lawyer.  It just sucks that I have to go through all of this now.
  
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getting indicted for failing a polygraph in Ky

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