Currently in my 6th year on probation, my third treatment group, and multiple therapists through out the years.

I'm polyed mostly every 6 months, on occasion every 3 months, have been for the past 5 years or so.  Very little trouble with any poly, undetermined results or excuasable/understandable failures along the way, nothing serious that hasn't been resolved to the courts, treatment, probations satisfaction.

About two years ago, I was ordered to a new group, new polygrapher.  New Sexual History exam.  I had previously filled out a Sexual History questionaire for this.  I arrived for my first poly with him, forgot my wallet, couldn't pay, was rescheduled and paid the $100 'fine'.  The polygrapher asked if I had any paper work, I did not.  I asked WHAT paperwork, he handed me a blank copy of the form I filled out a couple of weeks ago (Sexual History form).  I stated that I had given the form to my therapist, as instructed.  I also asked if I could retain the blank form (Sexual History form) I had just been handed for my records, he said I could.

At my next 'group' therapy session I asked the therapist about the original form.  He said he had given it to the polygrapher BEFORE the scheduled exam.  There must be some mistake, not to worry, it would be covered at the next exam.

I arrived at the second poly exam.  Polygrapher asked if I had filled out the form he had given me.  I had not, of course.  I told him the therapist had given him the original form all ready.  He said he had not received it and as I had not filled out the form he had given me the first time, I was denied a poly (and charged another $100).  I pointed out that I had asked to KEEP the blank form for MY records and was never instructed to 'fill out' a SECOND form.  WHERE was the original.  Yeah, I was PISSED.  I called the polygrapher a liar AND a thief for stealing my money and making false claims concerning the form.  It was a VERY tense meeting.  A THIRD polygraph was scheduled.

I arrived for poly #3.  He STILL did not have the form!  I STILL had not filled out a SECOND one!  I had been assured AGAIN from my therapist that the polygrapher did indeed HAVE the original form.  Polygrapher once again denied having the form, I was denied my third polygraph.  I was once again charged a $100 but before we could schedule a FOURTH polygraph I cursed him up one side and down the other for incompetence.  I was so angry I stood up to leave the office and he PUSHED ME OUT THE DOOR!  I immediatly told him if he touched me again I would dial 911 and report an assault.  He responded he would call 911 and have me removed if I didn't leave NOW.  No further polygraph was scheduled.  My therapists SUPERVISOR ordered the therapist to kick me out of treatment.  A revocation hearing was scheduled., 'failure to complete a polygraph'.  NOT for termination of treatment, an important issue to understand here.

A FOURTH polygraph was scheduled IN MY ATTORNEYS OFFICE with the same polygrapher.  When he arrived he initially REFUSED to proceed with the polygraph.  He position was the results would be meaningless due to the stress of the situation (and I concur, the results WOULD have been useless).  However, it was now a 'point of law' and the results were of little consequence.  I HAD to complete a polygraph, in the eyes of my attorney at least.  It is note worthy the polygrapher NOW HAD THE ORIGINAL FORM, I had STILL refused to fill out a SECOND form until it could be determined what happened to the FIRST one.  He would not say how it came into his posession or when he received it.

The fact that I did complete one on the FOURTH attempt was dismissed.  The case focused on the previous THREE failed attempts.  This was ruled 'substantial' and 'inexcusable', I was revoked and sentenced to an additional five years probation.  My THERAPIST testified on my behalf, stating he understood the confusion, did not have a problem with the polygraphs and was WELCOME back into his group.  The Judge dismissed his testimony and went with 'failed to take a polygpraph', period.  HOWEVER, the Judge specifically stated during sentencing (30 days in jail, 5 years probation) that I should APPLY FOR EARLY RELEASE.  I believe the Judge felt compelled to do SOMETHING, rather than find me not guilty.  She came across to me as actually sympathetic to the circumstances, but justice demanded SOME 'remedy'.

After serving 30 days I was ordered to my THIRD 'group' and a new therapist.  I was told from day one I would be there 5 years.  I was also told if I did not 'accept responsibility' for failure to take a polygraph they would be very tough on me.  Two years later now, I still refuse to accept responsibility for failure to complete a polygraph.  The polygrapher ACKNOWLEDGED he 'push me out the door of his office', in WRITING to the COURT during my revocation.  He claimed however I was 'blocking the door' (he's a slick liar that one).

My lawyers said NOT to appeal, wait a year and file for early release, piece of cake.  Well it aint gonna happen, they have NO INTENTION of allowing me to file for early release.

Question:  IS it to late to file an appeal?  Can I SUE the polygrapher for assault?  Can I sue the polygrapher for incompetence over lossing the form?  At this point I am resigned to doing yet another 5 years of probation AND even risking another revocation and jail time because it is just to much to sit by and let this travesty of justice prevail.  I TRIED my best on THREE occasions to take the dam test and was refused.

Options for justice?  PM me if you have pertinent legal advice.  My story is STRAIGHT UP, in fact, the more you hear the more you would KNOW I was screwed, I have nothing to hide in that regard.

It should also be noted concerning my lawyers:
While in jail I sent them a request to FILE AN APPEAL, they never responded.  Before the revocation hearing I told them to subpoena the polygrapher, they never did.  I was NOT able to question directly and under oath the very man responsible for my revocation, the polygrapher.  I FIRED my attorneys through a formal 'motion before the court' when I got out of jail.  I fired them specifically for incompetence.  I also asked that ALL records be given to me and was granted the position of 'representing myself'.  Which to date IS the case, I AM myself the 'attorney of record'.

It should also be noted that a SECOND cause for revocation was also entered along with failure to take a polygraph.  That was 'failure to take a drug test'.  It was the PROSECUTOR that discovered SERIOUS flaws in the testimony of my probation officer as it concerns drug testing (she was caught in an outright lie, under oath, in court).  The drug charges were dismissed, leaving only the polygraph in question.  My probation officer was promptly removed from my case and was demoted as a result of her actions.  She later PERSONALLY apologized to me AND stated, quote, "You should not have been revoked, I never meant for it to go this far."

Going on SIX years probation:  NEVER failed a polygraph, NEVER had any substantial issues or violations.  My problem?  I TELL THE TRUTH and am not afraid to stand up and be counted.  NOT afraid to go to jail or be revoked for TELLING THE TRUTH.  This is a fact, again, straight up.  I need a lawyer who is also NOT AFRAID to find the TRUTH, not kiss the ass of the prosecutors.

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This is the most important aspect of your post in my opinion. I'll get to this later.

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I hate to be nit-picky, but in post conviction sex offender testing, everything is serious----just maybe not to you or by your surmise. 

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What was wrong with the "old" sex history exam? Did they give you a second test, and why?
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I HATE WHEN I FORGET MY WALLET!!!! But you have to understand, a polygraph exam appointment isn't like other appointments. The examiner blocks out upwards of 3 to 4 hours (half day) for a test----and if you screwed up, he gets screwed. You may be a nice guy who is completely trustworthy  by your estimation, but in my career I have tested maybe a total of 3 felon's pro bono (without payment)----with all due respect, we see a lot of con artists in the convict community.

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The examiner was probably a little frustrated that a communication breakdown had occurred. He probably had a little reserved disappointment or even disdain for your therapist's lack of organization. Jeeez, who knows---regardless, the day was a cluster F from the minute you walked in the door. 

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This was a colossal mistake. A good measure of rule is to never act out around law enforcement and treatment professionals----as both are viewing your behavior to at the very least assess if your are dangerous to them, much less the community at large. Is this the first time that a beauracracy has failed you? Try not go postal next time, as when you screw up, it is better that others do not verbally assault you, eh? Likewise.
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Twice? Holy cow I would have arrived with the pope's birth certificate if I thought there was a chance that I could be charged again for a botched paperwork task---I don't care who's fault it was! You really flaked on this one, and it seems you are blaming everyone but your self. Sound familiar?

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Your losing me with every word here Jester. It seems now you were playing with your freedom as part of some self-figured principle. In my office, you verbally assault me, and you are gone----and readers keep in mind that such is extremely rare. Jester, the last place to have a Jerry Springer show is in a sex offender specialists' office. You are supposed to be more in tuned to behavior than that at 6 yrs of treatment.

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I can't imagine why any examiner would come back for more of you, unless you had a far more friendly relationship with your examiner and you are leaving out an actually decent repoire from readers here.

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Here is the thing. You really got too comfy in yor probation. It amazes me why someone wouldn't be far more compliant with so much to lose. I would take any manner of mistake and rectify it before showing my ass to authority the way you did to your examiner. It really is simple. Take your test, go to therapy, always keep your paper work handy, stay clean and don't "cuss anyone up and down." You basically are presenting yourself as a victim----and although I would disagree with your harsh sentence of an additional 5-yrs of probation, it ain't my call. You are on the wrong websit----that is if you are in fact even allowed to be on the internet----which is unlikely. You should be on the website antiJester.org---How to beat the Jester habit of blaming others for easily remedied mistakes and life decisions.

You are in the wrong place to keep a smooth and trouble free probation period. Your problem is simple.

"Nice" hasn't been working, but your right, my choices are limited.  The polygrapher even apologized to me after I got out of my 30 day sentence!  I 'let it go' for a year or so, only recently has it been an issue once again.  My concern is that I will be revoked again at the end of this current 5 year term (not get a clinical discharge) and at this rate I may never get off probation.

I have virtually no restrictions as far as probation goes.  No curfew, no limits on internet use, etc.  Typical stuff, no drugs/drinking, which I never did anyway.

I keep getting moved to new treatment providers by probation.  They seem to think I'm 'not making enough' progress and maybe a new group will help.  Everytime they do that I have to start over.  If they move me again I will file a motion to stay with current group.

Seriously, there have been no issues with a polygraph other than a couple of 'undetermined' responses and the usual pressure to get a confession.  I have nothing to 'confess' to, but of course 'suspicion' lingers in this kind of situation.  I've been to a lot of polygraphers!  I've never had a problem with a THERAPIST, but the P.O.'s consistently dismiss there recommendations.  For instance, my current therapist recommends clinical discharge, the P.O. won't even consider it.

Yeah, keep my head down, stay quiet, do my time, of course thats good advice.  Victim stance?  I hear that a lot, in my case, the shoe fits.  

Thanks for the advice, it was helpful, I feel better.  Maybe I just needed to 'rant' over this thing...

By the way, I didn't have a problem paying the $100 fine because I forgot my wallet.  It was noted in court that forgetting my wallet was a convient way to avoid the polygraph, no true!  I DID have a problem when I realized he could not have done the polygraph anyway because he didn't have the form.  Under those circumstances I felt it was improper to charge me.

As has been noted in other posts, therapists, polygraphers, probation officers will do what ever they have to do to maintain their careers.  In the case of my probation officer, that was lie, under oath in court.  She was caught and demoted.  The polygrapher and the therapist are also lieing.  I was told to hand in the form to the therapist, who would supply it to the polygrapher.  Did the therapist do that?  Poly says he did not, finger pointing begins.  Someone screwed up, to cover their ass I get revoked.

As I had told them all from the beginning I would NOT fill out a second form with such detailed personal information until it could be determined what happened to the first form.

Stupid on my part?  Well there is a lot of stupidity to go around.  Therapist and the counter parts should be held accountable for their screw ups.  There is no appeal process for an abusive therapist, probation officer or polygrapher that really works.  At best your given lip service, if that.  At worst your revoked and sent to jail to shut you up.

Sure, I cussed out the polygrapher, for lieing to me, charging me funds without cause.  Does that justify a physical assault by a member of the therapy team?  Even in jail if your assaulted by a gaurd, for any reason, there is a procedure to file a report.  It has been my experience that these reports are taken seriously, the outcome weighs heavily in favor of the gaurd of course.  In treatment, there is no procedure to 'report' ANY abuse from the therapist team members.  They are summarily dimissed and you are promptly accused of:
1.  Victim Stance.
2.  Not making progress.
3.  Kicked out of the program.

Lets just assume for a moment that real abuse of power DOES exist at times and good people pay the price.  What controls on the balance of power in this therapist program?  There are virtually none, that needs to change.  I served my 30 days with my head held high.  Rumor has it my revocation and the subsequent result to my probation officers career made a difference.  Perhaps, but the 'cops' are now extracting their revenge for bringing down 'one of theirs'.  A balance of power is desperatly needed, in some States more than others.

What did I seriously expect?  I expected someone to be seriously HONEST.  Which is what we hear constantly about in therapy.  Being honest with yourself, to others, taking repsonsibility, etc.  Well, I'd like to see some of that.  When you make a mistake, you should be able to 'own up to it' without being overly punished.  That should apply to the therapists as well as the therapees.  Thats the problem, people are afraid to admit to anything within the therapist team work frame.  The logic and therapy that results is a sham, it's far from true therapy.  Therapists, polygraphers, probation officers work for the State, patients are merely 'pawns' to be played for a career move.

The question is:

WHO had the form?  Someone is lieing.  Misplaced?  OK, perhaps it will turn up, we can wait.  I never did find out what had become of it, it just showed up at some point.  When the therapist assured me it was handled, I trusted him.  Your right, I should have followed through with some phone calls because you can't trust him, right?  

Thats the fundamental problem.  Good therapy involves building a certain level of 'trust'.  Bad therapy just uses a 'stick', threats, etc.  This is what I'm finding in the current group I'm with.

In my opinion, therapists need more than just a simple 'class' to become certified.  Real therapists are under certain ethical agreements with a governing body, contracted by the State therapists may or may not be fully qualified and certainly don't answer to any general professional group.  In fact, I've actually heard on a number of occasions the disdain expressed for PhD's by casual therapists without a full degree.  I'd like to see that change.

Remeber it was the Judge who said, "Apply for early release."  It was the original probation officer who apologized and said I should not have been revoked.

But when I entered the new group, I was told I would be there five years, they didn't even know exactly why I had been revoked, just another body in the group.  I'm considering filing a motion with the Judge to make the court aware of the current circumstances and the disregard of the courts instructions.

When I got out of my chair and turned my back to exit the office I was doing exactly what I had been told to do, remove yourself from the situation.  They didn't cover what to do when your attacked with your back turned.

Jester,

Although you continue to argue the point that you were the victim; the fact is, your actions were inappropriate at best.

It's always best to err on the side of caution, and display a positive demeanor, good attitude, and appropriate behavior. All of which you failed to produce; thus the end result.


triple x

Jester:

(You wrote)

“A pro polygrapher site carefully disquised [sic] as an anti polygraph site.  Well done, sure had me fooled!”

Where do you get that this is a “Pro Polygraph” site; and how do you associate that with being criticized for your behavior? Criticizing the type of behavior that you described (by your own hand) has absolutely no association with anyone’s views of polygraph testing.

You were not violated for failing your polygraph exam… you were clearly violated as a result of the nature of conduct you demonstrated. I’m not surprised that you were violated, which has nothing to do with my views on polygraph testing.

Learn to accept a little responsibility for your actions, and stop blaming others for everything that goes wrong in life. You made your own bed… now you have to sleep in it. That’s no body’s fault but your own.

The key is to learn from your mistakes; accept responsibility; and not blame everyone else involved.


triple x

If society continues to condone physical assualts and lieing under oath in court, as THIS site has surely done, there will be no reform on ANY issue this site hopes to achieve.

If all you can do is cast 'blame', 'justify' and push the 'victim stance' agenda whats the point of this site?  What can you ever hope to achieve?

Rodney King was a jerk, he brought it on himself.  Clearly the courts ruled that did not justify what was done to him.  Clearly I'm a jerk, but I'm willing to go to jail and stand up and be counted in hopes of making a difference.

There is NO justification, NONE, for a polygrapher physically assualting a client.  What part of that don't you understand?  Following the reasoning that I 'provoked' it, then certainly I was justified in attacking my victim, who 'provoked' it.  Two standards of law at work here?  Well duh, always has been.  What can YOU do to help?  Apparently nothing, as you don't even see the problem.  Drink some more of that 'God and Country' and to 'hell with sex offenders' Koolaid and go back to sleep.