If I'm given a probation violation for failed poly

[polyphish]

What are the possible repercussions? Polygraph results are not a form of evidence are they? If i failed my poly yet have nothing to hide how can they use a poly against me? I'm succeeding very well in my probation so why does it seem like they're phishing to find some way to get me in trouble? Are they able to evade the burden of proof and just get me in trouble for nothing?

[George W. Maschke]

The answer to your question will vary from state to state. In some states, failing a polygraph can lead to expulsion from a mandatory therapy program and in turn, a prison sentence. This was the recent experience of Benjamin Petty of Oklahoma, whose case is discussed on the blog here:

https://antipolygraph.org/blog/2020/11/22/oklahoma-probationer-benjamin-lawrence-petty-sentenced-to-15-years-imprisonment-for-failing-polygraph-and-denying-guilt/

[Perry Mason]

You need an attorney, immediately!  Preferably, an attorney who knows the lie behind the lie detector.

In most jurisdictions, the standard of proof necessary to revoke probation is far less than beyond a reasonable doubt.  If you flunked the "test", you should take action immediately.

I am willing to help you or your attorney.  Please contact me privately if you want to discuss your situation.  Good luck.

[polyphish]

The answer to your question will vary from state to state. In some states, failing a polygraph can lead to expulsion from a mandatory therapy program and in turn, a prison sentence. This was the recent experience of Benjamin Petty of Oklahoma, whose case is discussed on the blog here:

https://antipolygraph.org/blog/2020/11/22/oklahoma-probationer-benjamin-lawrence-petty-sentenced-to-15-years-imprisonment-for-failing-polygraph-and-denying-guilt/

That's awful, my case is not at all similar but it's ridiculous that someone's life can be destroyed instantly (albeit his crime was heinous) for perhaps lying on his test. It doesn't make any sense. The people testing him could even have had a bias knowing the crimes and wanted to see him punished considering the type of test..

Anyway. I dont want to go into too much specific detail but I fear my life is headed towards something close to hell. I don't know what the judge will say when he hears my test results but I'm doing 100% on EVERY probation requirement except unable to "pass" these tests. Should I take a fourth one?o

[George W. Maschke]

Polyphish, what happened to Benjamin Petty is indeed awful. While the crimes to which he pled guilty are heinous, based on reporting by Randy Ellis for The Oklahoman, I think it is likely that those crimes did not occur:

https://www.oklahoman.com/story/news/columns/2020/11/15/man-who-pleaded-guilty-to-falls-creek-rape-now-professes-innocence/313397007/

As for whether you should take a fourth polygraph, in the absence of a requirement from your probation officer or therapist, I would advise against it.