about the test....im accused but innocent

[mark]

i have been accused of a crim that i have not committed...i just wanted to know that since they want me to take a polygraph test and somewhat intimadeted me to it i agreed to take one.
but if i fail it, because im nervous about it.
can i be arrested?

[George W. Maschke]

Mark,

Although failing a polygraph "test" does not establish probable cause for arresting a person, you would be wise to refuse the polygraph and not to speak with police without a lawyer present. The polygraph is a pseudoscientific sham and is inherently biased against the truthful. It's commonly used by police as a pretext for interrogating suspects without a lawyer present. Interrogation techniques can be quite coercive, and innocent persons have been browbeaten into making false confessions. See AntiPolygraph.org's e-book, The Lie Behind the Lie Detector for a thorough debunking of polygraphy:

http://antipolygraph.org/lie-behind-the-lie-detector.pdf

I think you would be wise to cancel the polygraph and not speak to the police without a lawyer present. See the following lectures by Regent University law school professor James Duane and Virginia Beach police interrogator George Bruch on why you should not talk with the police:

http://www.youtube.com/watch?v=i8z7NC5sgik

http://www.youtube.com/watch?v=08fZQWjDVKE&feature=related

[mark]

thank you for the advice.
although i may of acted on short notice because theywant me to go in on sunday
tomorrow
and i am nervious.
can i be arrested if i fail?

[George W. Maschke]

You can't be arrested simply for failing a polygraph. But failing it is certain to increase suspicion against you. Polygraph "testing" is strongly biased against the truthful, and false positives are quite common.

Similarly, you can't be arrested simply for refusing a polygraph. And if you don't take it, there's no risk of failing or being coerced into making an inculpatory statement. It doesn't matter that you've already agreed to take the polygraph. You can cancel it. And you'd be wise to do so.

[notguilty1]

thank you for the advice.
although i may of acted on short notice because theywant me to go in on sunday
tomorrow
and i am nervious.
can i be arrested if i fail?

Mark! REFUSE TO TAKE IT!
Even though you cannot be arrested for failing unless they grill you into a confession truthful or not. Passing the poly ( which is a 50/50 toss) will not clear you of suspicion.
The test is a way that they can tell you your lying and interrogate you into a confession.
So, you see this cannot help YOU either way. The odds unfortuantly are stacked against you if you follow through with what they want you to do.
If you are innocent tell them to either arrest you if they have something or leave you alone.
I too was talked into a poly to "clear" me and after telling the truth I failed the poly.
I wish you luck in whatever you decide

[meangino]

i have been accused of a crim that i have not committed...i just wanted to know that since they want me to take a polygraph test and somewhat intimadeted me to it i agreed to take one.
but if i fail it, because im nervous about it.
can i be arrested?

Mark, I strongly recommend you refuse to take the polygraph and advise the police that you will not speak to them unless your lawyer is present.  

That way, the police will be required to do all of their communications with you through your lawyer.

[T.M. Cullen]

But, but, it's just a scientific test administered by those who simply want to help clear the man if he is innocent!   When are you whiners going to get that through your think skulls?  Wasn't the "green river killer" temporarily cleared after taking a polygraph?!  You guys sound like a pack of Iranian child molesters!  

TC

[accusedbutinnocent]

i also have a polygraph test tomorrow...i agreed to take it back in august...but since then i have learned all kinds of things about them i didnt know before...now i dont want to take not because im guilty but because im innocent and dont want to be accused again....
at my first trial the dropped the charges and said we all had to take the test and they would decide who was guilty from the results...are they allowed to do that? or are they just saying that to get us to take it. cuz from my understanding no matter what they say i can refuse to take it and they cant do nothing about it

[notguilty1]

i also have a polygraph test tomorrow...i agreed to take it back in august...but since then i have learned all kinds of things about them i didnt know before...now i dont want to take not because im guilty but because im innocent and dont want to be accused again....
at my first trial the dropped the charges and said we all had to take the test and they would decide who was guilty from the results...are they allowed to do that? or are they just saying that to get us to take it. cuz from my understanding no matter what they say i can refuse to take it and they cant do nothing about it

Accused,
If they had something on you they would not have dropped the charges. The poly is to get you to confess after their interrogation.
If it was me I would tell them to pound sand cause if they had something on you they would have not dropped the charges in lieu   of a polygraph result which by itself is not generally admissible in court and cannot be used to convict you solely on the results.
The unfortunate thing is that if you take it and pass it will NOT exonerate you from further prosecution.
If you fail you WILL be labeled a lier no matter what evidence they may or may not have.
Either way you will not know the results and they will tell you what they want to get what they want from you.

[T.M. Cullen]

Accusedbutinnocent,

Tell them you will NOT be willing to take a polygraph, but that you WOULD be willing to meet with the psychic or tarot card reader of their choosing.  If they want you to see somebody who claims to be able to "read entrails" , refuse, as that is cruelty to animals.  

Seriously though, the polygraph is NOT A TEST.  It is an interrogation, DISGUISED AS A TEST.  In the case of employee applicant "screening", it is a "FISHING EXPEDITION", disguised as a test.

Do you have legal representation?  What do they say?

If you are innocent, why afford them the chance to interrogate you WITHOUT a lawyer present?   Please don't buy into the MYTH that if you are INNOCENT, you will automatically pass.  That is total BULLSHIT!

TC

[Numb]

It's too late for me. I took the polygraph knowing that I am innocent and to help the police rule me out so that they could get on with their investigation. I am now the prime suspect. I am just sick. They are now investigating me! I am crying all the time. I can hardly go to work. I need to tell my parents about this, but they are in their 80's and in poor health.....how can I burden them with this kind of worry? I AM TOO OLD AND SICK for this kind of man-made unnatural disaster! And I thought I suffered depression before.....looks like it's getting worse now.  How "good" people can put the innocent through this is mind boggeling. Does the end justify the means?  Hurting the innocent to get to the guilty? Oh My God....I can't believe this is happening to me. anguish

[George W. Maschke]

Numb,

I'm very sorry to learn of your unfortunate experience, and I understand well the feeling of numbness that comes with being falsely accused.

First, you need to understand that the fact that you wrongly failed the polygraph doesn't mean that there is anything wrong with you. The problem is with the polygraph. The "test" has no scientific basis. It was developed by non-scientists, and it's inherently biased against the truthful. See AntiPolygraph.org's "Public Statements" page for the accounts of others who have told the truth and yet been falsely branded as liars based on this pseudoscientific procedure:

https://antipolygraph.org/statements.shtml

At this point, I think you would be wise to retain legal counsel and not speak with the police again without your lawyer present. If you'd like to discuss your experience privately, please feel free to e-mail me at maschke@antipolygraph.org.

[notguilty1]

It's too late for me. I took the polygraph knowing that I am innocent and to help the police rule me out so that they could get on with their investigation. I am now the prime suspect. I am just sick. They are now investigating me! I am crying all the time. I can hardly go to work. I need to tell my parents about this, but they are in their 80's and in poor health.....how can I burden them with this kind of worry? I AM TOO OLD AND SICK for this kind of man-made unnatural disaster! And I thought I suffered depression before.....looks like it's getting worse now.  How "good" people can put the innocent through this is mind boggeling. Does the end justify the means?  Hurting the innocent to get to the guilty? Oh My God....I can't believe this is happening to me. anguish

Numb,

I know what your going through! I felt the same way.
I can tell you that:
1) The depression goes away. A machine cannot make you guilty of something you didn't do no matter what they tell you.
2) Even though your now the prime suspect they CANNOT convict you solely on the poly results.
3) If you can avoid it don't tell your aging parents find a friend to talk to or you can take George up on his offer. You can PM me as well and I would be happy to lend a ear.
4) Please listen to what George said and contact legal counsel before you talk any further to police. At this point BELIEVE me the are NOT your friends. It can only harm your case to talk to them any more.

Since you are innocent, keep that in your mind. All they have on you now is a Polygraph result that they WILL use to try to make you confess ( if they haven't done so already).
It is NOT as you said "to late for you"
You are not alone in this and we are here. Hang in there!

[G Scalabr]

It's too late for me. I took the polygraph knowing that I am innocent and to help the police rule me out so that they could get on with their investigation. I am now the prime suspect. I am just sick. They are now investigating me! I am crying all the time. I can hardly go to work. I need to tell my parents about this, but they are in their 80's and in poor health.....how can I burden them with this kind of worry? I AM TOO OLD AND SICK for this kind of man-made unnatural disaster! And I thought I suffered depression before.....looks like it's getting worse now.  How "good" people can put the innocent through this is mind boggeling. Does the end justify the means?  Hurting the innocent to get to the guilty? Oh My God....I can't believe this is happening to me. anguish

Numb,

One thing you can take solace in is the fact that law enforcement agencies rarely employ the polygraph charade in cases where there is conclusive evidence against someone--they simply arrest that person and close out the case.

The fact that you were polygraphed (a test which is not admissible in court) is a sign that they have little to go on and cannot crack the case without a "home run" confession.

Hopefully, you were not berated into a false confession.

You need to (1) stop talking to the police and (2) get yourself a lawyer ASAP.

One needs to look no further than than the wrongful conviction of David Milgaard to see what polygraph operators are capable of.

David Milgaard spent 26 years in jail before he was released in 1997 after DNA evidence implicated another man.

Numerous accounts of this case conclude that the false conviction would not have been possible if polygraph operator Art Roberts had not pressured witnesses who were examined into giving false testimony that implicated Milgaard.

The polygraph is merely a ruse that allows for abusive questioning without a lawyer present. One would be wise to avoid this situation at all costs.

[Florida Lawyer]

DISCLAIMER: I am a lawyer licensed in Florida. This does NOT constitute legal advice to anyone, and no attorney-client relationship, express or implied, exists simply by the statements contained herein. These thoughts are just my humble opinion on this subject (and are probably off-topic, as well).

If you have any questions or need legal advice about your particular circumstances, YOU ABSOLUTELY MUST MUST MUST consult with an attorney licensed in the state where you were charged and/or where the questioning is or will occur.

First things first: Miranda. If you are being questioned in police custody - meaning that you do not feel free to leave OR ARE NOT FREE TO LEAVE - you have the following rights:

"[A suspect] must be warned PRIOR TO ANY QUESTIONING that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him PRIOR TO ANY QUESTIONING if he so desires. Opportunity to exercise these rights must be afforded to him throughout the interrogation. After such warnings have been given, and such opportunity afforded him, the individual may knowingly and intelligently waive these rights and agree to answer questions or make a statement. But unless and until such warnings and waiver are demonstrated by the prosecution at trial, no evidence obtained as a result of interrogation can be used against him." Miranda v. Arizona, 384 U.S. 436, 383-384 (1966)(emphasis supplied).

What does all of this mean? It means this:

(1) If you are in police custody, you have the right to remain silent and not answer any of their questions. Period. As soon as you mention the words, "I want a lawyer," the interrogation MUST stop IMMEDIATELY. (Some of you future police officers might do well to remember this - this is where I make my living.)

(2) However - if you VOLUNTARILY go to the police to answer their questions about your involvement in a crime, you are not in police custody (because you can leave) and MIRANDA WILL NOT APPLY.

Many people have gone to the police of their own free will and while there, confessed to crimes. At the time they're spilling their guts to the police, they start thinking, "well, they never Mirandized me, so they can't use my statement." This is WRONG! If you give an inculpatory statement to the police VOLUNTARILY and of your own accord and you were free to leave at the time, YOU'RE SCREWED.

The Miranda protections ONLY APPLY WHILE YOU ARE IN POLICE CUSTODY. Of course, the police are SUPPOSED to Mirandize you when you start making statements that sound like you are confessing to crime, but many times these people - now Defendants - spill their guts faster than the cops can Mirandize them! Now its too late, and your public defender or private counsel will go on to attempting to make a deal to keep your ass out of jail.

The take home message:

(1) The police ARE NOT GOING TO PROTECT YOUR RIGHTS. You must do this yourself. This means ASSERT YOUR RIGHTS FROM THE BEGINNING and BE CLEAR ABOUT IT. Example of a clear assertion of your rights: I WANT A LAWYER NOW. If asked to sign their little form, write: I WANT A LAWYER NOW. And DON'T SIGN ANYTHING WITHOUT YOUR LAWYER PRESENT. Seriously.

(2) At the first sign of your being in police custody (meaning that you felt that you were not free to leave), ASK FOR A LAWYER AND THEN SHUT THE F**K UP.

(3) If the officers tell you that you are not in custody, or if you went to the police voluntarily, ask the police, "Am I free to leave?" If they say NO, then ASK FOR A LAWYER AND THEN SHUT THE F**K UP. If they say yes - STOP TALKING AND LEAVE.

(4) In all circumstances, if you feel that you are under investigation by the police - CALL A LAWYER BEFORE GOING TO SPEAK WITH THE POLICE.

Again the foregoing is NOT LEGAL ADVICE given to anyone,

Florida Lawyer