Recently my father has been subjected to forced polygraphs after changing P.O.s due to his previous P.O.'s retirement. His new P.O. is very aggressive and he comes home often complaining about how badly she treats him. He has never missed a meeting, never failed a drug screen, and has been a great father after being in prison for 11 years on a Sexual Battery charge. This past week he failed a polygraph test on a question about CP even though I have the only computer in the house that doesn't have Covenant Eyes (an internet tracking program) and I know he doesn't know a way around it. They failed him anyway despite that, a GPS ankle bracelet (a recent addition from this new P.O.), and steady employment in a lucrative trade. He's being held without bond and I'm expected to take care of the finances. I saw a post on this thread about VA not allowing polys in court and wondered how it applied here as I assumed that he couldn't be charged with a Felony probation violation. Any info or advice helps...

revreveillark wrote on Oct 1^st, 2016 at 7:31am:


Ok, if you've been keeping track of past threads, you will know that while I am very honest, I am also very blunt. (a character trait that I often with I didn't have.)  You also know I don't take sides, and there are three things attributes I feel are fundamental in this industry that may lack, at least what I have seen in the state I am in.  Being FAIR, INDEPENDENT, AND UNBIASED are the three attributes of a true polygraph examiner.  Anyone without those three qualities or attributes, is a chart roller.  My opinion.

Anyway, now that that wee disclaimer is on the table. 

Recently my father has been subjected to forced polygraphs

This is not a correct assessment of your father's situation.  I don't think you are lying, in fact I know you aren't lying. You just don't understand the situation clearly, because no one has explained it to you, in clear english, and in a way where they don't come off as being a douche.  So I am going to give it a shot, but because of the lack of tone and inflection in the written word, I might come across as being a douche.  This is not my intent at all, and if you were sitting across form me, you would know that.

Your father is on parole.  This very simply means that she agreed to polygraphs, as a condition to his release.  He signed his parole conditions, which means, he entered into a contact with the state of VA that states, in exchange for his release, he agrees to certain conditions.  He agreed to be subject to polygraph on his release, that agreement is clearly peeled out in his parole conditions.  So if he is claiming to be forced, he is either not being honest with you, himself, or both.  With all due respect.

He also does continue to have a choice to take his polygraph or not take it.  As with any parts of life that has choices, the consequences suck.  Having said that, a breech of that contact means revocation.  So I can understand where this is a hard choice to make.

His new P.O. is very aggressive and he comes home often complaining about how badly she treats him.

Some PO's are simply that way.  Having said that, I have known nightmare therapists and examiners; some of whom I have called to the carpet for their behavior in the past.  As a result, I was ostracized and essentially blacklisted for standing up for the right thing.  What's my point?  Complain all you want, it will be ignored and may make matters worse.  If people will run one of their own under the steamroller, for exposing unethical behavior, and get away with it, they will dismiss any complaining you do; and they will get away with it.  That is just the harsh truth.

This past week he failed a polygraph test on a question about CP even though I have the only computer in the house that doesn't have Covenant Eyes (an internet tracking program) and I know he doesn't know a way around it.

Would it matter if he did know a way around it, if your computer is not equipped with it?  Just because he is restricted from using a computer with tracking software, doesn't mean he can't get in any computer that doesn't have it, including yours.  I doubt you have your eyes on you computer all the time.   

Moreover, who is to say, he is not accessing the internet in some other way, like a cell phone or a tablet that he got his hands on?   

I'm not saying that he did this, although I know it may look like that.  I am just saying, it is easy to think, "not my kid," (or in this case, dad). But is it so far out of the realm of possibility that he simply messed up and had a moment of silly weakness?  If that is the case, what he should have done was come clean with it, and take the ass chewing.  I say that, because, unless it was child porn that he was looking at, an ass chewing may have been all he got.  Sometimes the truth is easier than a lie.

Now having said that, it is possible that this may be a false positive too.  To say they don't happen would be irresponsible.   

I just want you to be realistic to all the possibilities; including the possibility that dad fucked up, and simply needs to come clean, take responsibility, and hopefully get reinstated.  For your sake.

I saw a post on this thread about VA not allowing ploys in court and wondered how it applied here as I assumed that he couldn't be charged with a Felony probation violation.

Yes it is true that courts do not generally admit polygraph as evidence.  (before I go any further, I am not a lawyer and I am not giving legal advice) Honestly, I think polygraph admissibility in a trial is a generally bad idea, as in my opinion, I think it would unfairly bias a jury one way or the other.   

However, a parole revocation hearing is not a court proceeding (in a true sense of the word), it is an administrative hearing, where the burden of proof is not to the same standard as a criminal trial.  Bottom like, it's a different ball game where the rules favor the home team.   

Polygraph, at least in Texas, is very admissible in these kinds of hearings; so I can only assume, the same allies in VA.

My advice to you is to get a lawyer.  That is standard advice in any legal situation.  If you liked in Texas, I'd have a couple of names for you; literally the best of the best.  But VA is a different venue, with different rules, and different laws.   

I will point you in a direction that might be able to help.  All I ask, is that you take a step back and look at all the possibilities that may have caused this situation.   

Contact Texas Voices.  Their website is www.texasvoices.org. ; They might be agile to point you in an actually direction to resources that you may find useful or need.

Again, I hope I didn't come across as too gruff or aggressive, my personality is easier to swallow when not in the written word; lack of tone and inflection of voice and all.

Having said that

Fair, independent, and unbiased, means just that; I have to look at all possibilities.  Sometimes the possibilities can be hard to hear or consider, but they should not be ignored.   

Maybe the PO is a jerk, ok; but the possibility exists that he might have messed up too.  Take a step back and look at this from an outside perspective.   

Oh, one last thing.

I wish I could help more, but I think I have pointed you in the right direction.

 

Joe McCarthy wrote on Mar 8^th, 2017 at 3:03am:





So.....like Joe I’m brutally honest....I have NO love
Of
Polygraphs HOWEVER they do have a place and time where they CAN be effective and for me this is the place. SET has NOT earned any points in my book and based on experience as a former police
Officer and Deputy Sheriff prior to that their recidivism rate is horrible.
Next they lie and are master manipulators....so while I u see stand your love for your father understand he may be lying.

To answer your questions YES Virginia does NOT accept poly results in a criminal trial......same goes for Preliminary Breath Alcohol Testing Results.


That being said the VA judiciary has through case law repeatedly ruled that the bar for admissibility of evidence is FAR lower in administrative hearings and so many elements not acceptable at trial or related actions WILL be and have been accepted at admin hearings, non trial appeals where the action is only a
Matter of assignment of error or constitutional law matters they will in fact permit the presentation of evidence such as polys.

Again I’m 40 and been both a Deputy in a large city and a Police Officer where in all I have probably spent well over a thousand hours in trials both criminal and civil, admin hearings, commission and committee forums as well as a plethora of most every type of decision making board or court the Commonwealth has.