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Voluntary Polygraph Test????

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mikesbales

Junior Member
What is the name of your state? Missouri

Okay, heres the story: The gym near my house had a wallet stolen from the locker room. Apparently someone cut the lock on some guys locker and got a little cash, and never used the creditcards. That day I had gone into the gym, and no sooner did I get into the locker room than I realized I was late for a date so I left, no big deal. Well apparently the wallet was stolen sometime around the time I was in their, and to make things worse, my friend who came with me was in the parking lot smoking a cigerette (smart before working out I know) and apparently someone complained that he looked 'suspicious' well about a month later two detectives knock on his door saying they 'know' it was me, and then 2 months after that I get a call from a detective wanting to talk to me. I go in voluntarily and talk to him and I offer to take a polygraph test to prove my innocence. I am scheduled to take it next wednsday, but after hearing his 'evidence' which is nothing more than I was their during the timeframe, and I was the only one who got their and then immediatly left he thinks it was me. I've done some research on polygraphs and found out they are just a little more accurate than an educated guess, I'm worried that if I go in and take it and for some reason fail one of the questions that it will make me look alot worse and I will get some pretty bad interrogation for something I didnt do. So my question is what should I do? Should I take the test or tell him that what he has is circumstancial and that I dont have to prove that i'm innocent, but he has to prove that I'm guilty? Thanks for reading all this I know its a long un'
 


quincy

Senior Member
Tell the officer that, after researching polygraphs and discovering that they are considered by most experts to be unreliable, you have decided not to take one afterall. Quote some of the statistics available and tell him that even the Department of Justice no longer uses them because of the high error rate.

The bottom line is, there are more risks to you in taking a polygraph test than there are benefits.
 

racer72

Senior Member
Polygraph results are never admissible in a criminal trial. In fact, jurors cannot even be told that a defendant took a test, refused a test or was willing to take a test, and the parties are not allowed to stipulate otherwise. (State v. Biddle, 599 S.W.2d 182 (1980).)
 

mikesbales

Junior Member
Well from what I understand this wouldnt be a criminal trial, just a city misdominor, but still I dont want to pay a fine up to $1000 or serve upto 1 year in prison for something that someone else did. Is their any way to get him to stop harrassing me about this?
 

racer72

Senior Member
Well from what I understand this wouldnt be a criminal trial, just a city misdominor, but still I dont want to pay a fine up to $1000 or serve upto 1 year in prison for something that someone else did. Is their any way to get him to stop harrassing me about this?
Irrelevent. A polygraph test cannot be used against you period. It does not matter what is used if it is a simple misdemeanor citation or murder case. The only thing the police will get out of a polygraph is a way to coerce you into a confession.
 

mikesbales

Junior Member
Seriously? That seems really pointless to me, to spend all that money and man hours into a machine and tecnique that only gets a confession? I guess thats the point, to get the guilty party to talk. What should I tell the detective then? So that I'm polite as well as firm on not taking it?
 
well, if it can't be used against you in court but just as an interrogation method why not just take it? better yet, eat a Valium or something before the test, then take it. most false readings are from nervousness anyways, hence the Valium suggestion. that way when it turns out you're not lying then you'll be left alone...if it ends up resulting that you're lying then just be like 'oh yea? prove it'.
 

mikesbales

Junior Member
Although very entertaining, the Vailum suggestion would not be very realistic due to my inabilty to access the drug. What I am worried about is not really the guilty/innocent verdict of the polygraph as much as the interrogation that would follow a possible fail.
 
you already made one mistake

basically, the rule is, you should not talk with the police without first speaking with an lawyer. Chat rooms do not count. Look, your guilty, now prove you are not. The dic thinks your guilty, thats his job. My advice, tell the nice detective you have been advised not to speak with him any farther. Thank him and hang up. If that does not end it, then you will actually need to hire a lawyer. Whatever you do, stop speaking with the police, you are only making matters worse.
 

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