Can probation officers force a poly

[Twoblock]

Sid

Sounds like your PO and the polygrapher has a money deal cooked up. Tell them to stick it where the sun don't shine. Your state is no better than Mexico when it comes to leo's on the take.

There is no poly requirement in that state except for SO. As you state it wasn't written in as part of your probation. Tell your PO to log on to this site and get informed.

[orolan]

Syd,
Sorry about the assumption
A careful reading of the statutes and the 2003 session laws failed to turn up any further reference to polygraph testing of probationers other than SO's. Since you are "required" to attend and complete your DV treatment program, it is possible that the therapist could include polygraphs as a part of the program. You would then have to take it or risk "failing".
Best to talk it over with your lawyer before making any decisions about what to do.
If "Syd" is your real name then don't tell your PO to log onto this site. You have put up enough info for him to get you for violating the no-contact order. (No offense, twoblock )

[Saidme]

I thought this was an antipolygraph site!  Seems like it's turning into the Dear Abbey for convicted criminals.  I get a kick out of all of you do-gooders (sarcasm) trying to help the convicts circumvent their court ordered treatment programs.  George must be proud of you all.

[orolan]

Saidme,

I thought this was an antipolygraph site!

Are you implying that this thread is off-topic? If so, please explain.

...circumvent their court ordered treatment programs.

I believe the issue under discussion is whether or not the polygraph is a legal part of the treatment program. I fail to see where advising Syd to speak with his attorney can be construed as "circumventing" the program.

[suethem]

Saidme,

The people on probation are given a CQT, the same method as given to LE applicants ( pre-employment polygraphs).  

You know that this type of test is inaccurate, thats why you haven't and won't ever administer one.  

So I find it interesting that you would be upset.

If the 'test' is flawed for LE applicants then it is flawed for probation matters as well.

I find the fact that probation uses the CQT test to determine who has violated scary.  Innocent people who haven't violated the terms of their sentence will 'fail' and people who have violated, will 'pass'

It also bothers me that many State LE agencies cannot even find their SO and other people on probation (they just haven't kept their records current).

So before you point your finger at the antipolygraph crowd take a good look at the system...


  

[Twoblock]

Saidme

I don't understand your obsession with kicking the bucket. I like to, occasionally, get in an agitating lick or two. Mostly, though, I try to add substance to my posts. If you took time to read my first post to this thread, then you know I wasn't attempting to help circumvent probation. Since the PO was trying to make him take a poly, I mistakenly assumed that Syd was a SO (sorry for that Syd) and that does carry a mandatory poly.

A punitive PO and/or counselor has NO authority to change rules of probation. They are charged with administering the RULES of probation or parole to the letter. No more or no less. You should know this. Or doesn't this apply to federal service? Syd has said that polygraph was NOT part of his probation. If the judge didn't order it, then he has a legal right to tell them to stick it. I would always advise probationers and parolees to stick to the letter of their rules as set forth by the judge. If they can pass muster and stay clean, then rejoin society.

[John Doe]

  bottom line, refuse to do the poly on probation you go to jail or prison!!!

Probation is not a right its a privilege. Its a suspended prison sentence for convicted felons, that the Court gave a benefit of being supervised in the community.

So the sex offenders on here who molested the 14 year old girls, you deserve to have the poly done...

The law enforcement applicants to get backballed god bless you

[Twoblock]

John Doe

It is my understanding that nearly all, if not all, judges require sex offenders to submit to polygraphs as part of their parole/probation. I will agree that refusing to take a poly, ordered by a judge, will result in a PV and they will go back to jail.

Are you saying, in other cases, that a PO has the authority to over turn a judge's directive (that didn't include a polygraph as part of a parolee's parole)) and order a polygraph? I don't think so. If you think they do, then quote the authority.

[Mr. Truth]

bottom line, refuse to do the poly on probation you go to jail or prison!!!

Probation is not a right its a privilege. Its a suspended prison sentence for convicted felons, that the Court gave a benefit of being supervised in the community.

So the sex offenders on here who molested the 14 year old girls, you deserve to have the poly done...

The law enforcement applicants to get backballed god bless you

Been gone a while and it's reassuring to know the world still has misinformed idiots hanging around. Hats off to John Doe for representing the very best of what our educational system has to offer in terms of producing an uneducated, ignorant redneck.

Please translate "The law enforcement applicants to get backballed god bless you" for those of us who write and speak english.

As for "Probation is not a right its a privilege. Its [sic] a suspended prison sentence for convicted felons, that the Court gave a benefit of being supervised in the community, " what right would that be? Not everyone who receives probation has a suspended jail or prison sentence hanging over them. Believe it or not, sometimes probation is just probation.

And for "So the sex offenders on here who molested the 14 year old girls, you deserve to have the poly done...," why not simply institute torture or beatings? Aren't those effective methods of eliciting the truth?

John Doe: proof that computer use should be regulated and licensed. What a waste of electrons.

[orolan]

I've also been away for a while. Does seem that the idiots are still alive and well.
How you been, Mr. Truth?

[NervousOregon]

I was wondering what ever happened in this case to Syd??? Currently in a simular situation and was wondering what kind of out come there was.

[cesium_133]

As far as I know, yes, PO's can require a poly, especially if the judge ordered it.

Question of my own: my PO has specifically stated, on more than one occasion, that the Feds cannot and do not violate someone based on the results of a polygraph.  Of course, I know they could investigate, but I really have very little in my current life that they would care about.  Should I take my PO at his word?  He seems to be honest, but then after what has happened to me, I don't trust anyone in government.

What would be a likely scenario post-test if they had a problem with one of my responses (I don't mean an attempt at a confession)?  Do agencies conduct major investigations based simply on a bunch of wavy lines?  Thanks...

[fukpurd]

in texas if you are s.o. as you say. it is ordered that poly be administered.

if ordered by counselor and you fail. they send you to prison no questions asked.

"NN & RR Küssen sie meinen esel"
"Ich suche Blutrache auf meinem PO"

sorry for the language guys but its for those who might be reading. not the members of this site.

[teikyo30]

If taking a poly is a new part of your probation, not listed on any paperwork you signed, contact a criminal defense attorney. They might be able to modify the conditions of your probation so you don't have to do it.