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?
According to an American Bar Association FAQ about the grand jury system (http://www.abanet.org/media/faqjury.html), "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.
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.