• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Numerous underage affairs

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

rhino

Guest
I have a friend who has served time for statutory rape. He's out of prison and on probation. His conviction stemmed from an illicit affair with one girl. He's in rehab for alcohol and narcotics currently, and he's required by Virginia law to take a polygraph test as part of his program. He recently failed a polygraph and was subsequently questioned about any other affairs with underaged girls he may have had. He admitted to several other affairs, but did not divulge names. However, my understanding is that the result of the polygraph is admissible as evidence in court if a new trial is convened. Was he entitled to have a lawyer present at this questioning following the test? Furthermore, was he entitled to be informed of this right, assuming it exists? He's concerned that he'll be brought up on charges and be returned to incarceration. Finally, if the names of the persons he allegedly had affairs with do not come out, can he be tried based on an unsigned confession that, to his knowledge, was not recorded on tape? Furthermore, under Fifth Amendment protection from self-incrimination, can he be compelled to divulge the names of his victims?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Alright, basically, he can take the 5th at trial, and not testify. So that takes care of that. It is my understanding polygraph tests are as yet inadmissible in court.

The test for having a lawyer present is if it seems that he was in custody and under interrogation. If it seems that the police activity was designed to illicit confessions, than perhaps a lawyer would have been needed.

The best thing to do for your friend is to get him help, both psychological (for underage affairs) and legal. Contact your local legal aid foundation and see what sort of criminal defense help you can get.

Hope this helps.
 
T

Tracey

Guest
Polygraphs are admissible in parole revocation hearings. They aren't admissible in new prosecutions.

The corpus delicti rule says that the State can't prosecute someone based solely on their confession without some corroborating evidence that clearly points to a crime being committed. Without a witness or some other evidence, the State can't satisfy the corpus delicti rule & a defendant's confession can't be admitted.

A convicted defendant has no 5th amendment priviledge regarding the crime for which he was convicted. The privilidge remains in force for new crimes.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top