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Topic summary

Posted by angel estrada
 - Feb 19, 2009, 08:59 PM
I have a question. I had an item stolen, but it is not so valuable. I have a suspect. A family member was a witness after the crime. I also felt suspicious because the person that did it was surrounding the place and when i asked her questions she bluched and was speechless. Can this be her? when i got details of her the hair color, weight range, and clothes matched.

so what can i do? :-?
Posted by angel estrada
 - Feb 19, 2009, 08:58 PM
I have a question. I had an item stolen, but it is not so valuable. I have a suspect. A family member was a witness after the crime. I also felt suspicious because the person that did it was surrounding the place and when i asked her questions she bluched and was speechless. Can this be her? when i got details of her the hair color, weight range, and clothes matched.

so what can i do? :-?
Posted by Destroyed Family
 - Feb 12, 2009, 08:59 PM
Based on my experience, my advice to you licorice17 is to start talking to an attorney now.  I have been officially charged for "home invasion - second degree", which is a felony, based off of hearsay.  There is absolutely no actual physical evidence that I was there.  The police report even says the officer tried to get fingerprints and was unsuccessful.  I've been charged based off of someone saying they saw me there, which I was not.  I even have evidence showing that I wasn't anywhere near their place at the time of this supposed break-in.  It was more than two months from the time that this supposedly happened and me getting arraigned.  I was never brought to the police station for questioning or physically arrested (although I was told that getting arraigned is the same as being arrested).  

Hopefully you won't actually need this attorney, but I'd have one lined up just in case you do.  Whatever you do, don't take that polygraph.  I took one a couple of weeks ago in an effort to avoid a trial...and failed.  I was completely honest throughout the whole procedure.  
Posted by T.M. Cullen
 - Feb 12, 2009, 08:48 PM
Quote"well if you have nothing to hide and you are innocent then I don't see why you wouldn't want to rule yourself out as a suspect or rule you in for that matter" "well I guess its your choice I will just let the prosecutor decide what to do".

"Well, Mr. Detective, if you have any good  evidence against me and feel I may have done something, I don't see why Mr. Prosecutor hasn't charged me yet.  If you want to interrogate me, please charge me, and you can do so with my attorney present.  BTW, I was alway under the impression that "eliminating me as a suspect" was your job, not mine. GEE thanks for acknowledging  that it is MY choice whether or not to submit to your bogus "false confession" machine you call the polygraph.  Maybe we can meet with  Sylvia Browne if she's available?   Where is the nearest Dunkin Doughnuts?"

Posted by Twoblock
 - Feb 12, 2009, 05:45 PM
I wouldn't think that the fact you worked the night before was even circumstantial evidence. Tell them to charge you on hard evidence or get the f out of your face. REALLY. If they charge you then you have the right to an appointed attorney because you can't afford one. Remember DON'T talk to anyone of them without an attorney present. And if the attorney suggest you take a poly, tell him/her to get f-d and request another on the grounds of ineffective legal counsel.
Posted by No problem
 - Feb 12, 2009, 05:38 PM
Relax. You will not be prosecuted. Do not be intimidated or scared. Presume that the officer is frustrated - they usually are - and potentially on an ego trip (most aren't, but some get that way).

I worked in the system for years - the worst case is that charges are filed and you go to court for dismissal. Taking the poly will not change that now.
Posted by licorice17
 - Feb 12, 2009, 04:26 PM
UPDATE:
I told the police that I was not going to participate in a polygraph and he was very pissed and asked me why, I told him that the test is not scientifically valid and that I know its used as an interrogation tool and that I was not willing to put myself out there like that, he then said "well if you have nothing to hide and you are innocent then I don't see why you wouldn't want to rule yourself out as a suspect or rule you in for that matter" "well I guess its your choice I will just let the prosecutor decide what to do".  He has now threatened me with a prosecutor! WTF can they convict on circumstantial evidence alone? The circumstantial evidence is that I worked the night before some of the DVD's were found, can he do that?
Posted by George W. Maschke
 - Feb 12, 2009, 02:08 AM
Quote from: licorice17 on Feb 11, 2009, 04:27 PM...can I be fired from work for not taking the polygraph? Is it covered under the Employee Polygraph Protection Act when law enforcement is involved?

Assuming that your employer is a private company, then you are almost certainly covered by the protections of the Employee Polygraph Protection Act.
Posted by Twoblock
 - Feb 11, 2009, 05:34 PM
I ditto what Mr. Cullen said. If they had any evidence on you, you would have already been charged. They are on a fishing expidition and throwing you a dead worm as bate. If you are fired because you refused the poly, you have one hell of a lawsuit against them. Hang tough.
Posted by T.M. Cullen
 - Feb 11, 2009, 04:44 PM
QuoteA little over a month ago there were some DVD's stolen from work, I have been the most contacted staff by the police, they have shown up at my house unannounced and even recorded me on a tape recorder in my own home without my permission, I was being very cooperative and answering all there questions without argument, now they want me to take a polygraph to "rule me out as a suspect".

Get an attorney and have NO FURTHER contact with the police.  Tell them to talk to your attorney.   Unless you have been FORMALLY CHARGED, and since you have already answered their questions. you no longer have to give them the time the day.

"Eliminate you as a suspect"?   ;D   We had a cop post here about a month ago that that is just what they say.  What they are really after is interrogating you under duress WITHOUT AN ATTORNEY PRESENT, in an attempt to force a confession out of you.  

Bottom line, it is in your best interest to:

1.  Contact an attorney.

2.  Have no contact whatsoever with the police until you do.

3.  Realize that the top scientific body in the country came to the conclusion that the polygraph has NO scientific validity, and 95% of what you hear from TV, polygraphers, Police is bullshit!

4.  Realize you are innocent until proven guilty, and that the authorities  have to either "put up" or "shut up".    Charge you, and produce the evidence.  You don't have to "eliminate yourself as a suspect".  That is THEIR JOB!     If they accuse you of being afraid and probably "hiding something",  tell them you are NOW perfectly aware of why they use the polygraph, and that it is not a valid, nor realiable test.  

TC
Posted by licorice17
 - Feb 11, 2009, 04:27 PM
A little over a month ago there were some DVD's stolen from work, I have been the most contacted staff by the police, they have shown up at my house unannounced and even recorded me on a tape recorder in my own home without my permission, I was being very cooperative and answering all there questions without argument, now they want me to take a polygraph to "rule me out as a suspect". I have a BIG problem with that. I have always stood against them being that they are highly inaccurate and very tricky little machines, I feel I am being cornered in this investigation, I am innocent and I know I am innocent, I told them to feel free to search my home and they have refused stating that I probably already gave them away or sold them to a pawn shop, then I told them to fingerprint the ones that did return and they refused to do that stating that because I work there my fingerprints have a reason to be on everything in my workplace, then i said but don't you think that If i took them my fingerprints would be EVERYWHERE on them and they had nothing to say to that.  As far as a I know they have not followed up on the pawn shops either, all the pawn shops in this town and around me for that matter require your state ID to sell or pawn, so why don't they look there, now they want me to set up a polygraph and so i have been researching them more and quite frankly I am very frightened by there inaccuracy and other stories I have read on here, I know I have the right to refuse and believe me I AM GOING TO REFUSE, but what I am afraid of is, can I be fired from work for not taking the polygraph? Is it covered under the Employee Polygraph Protection Act when law enforcement is involved? >:(